Guardianship of Minors Act 1971

9 Orders for [F1 legal custody] and maintenance on application of mother or father. E+W

(1) The court may, on the application of the mother or father of a minor (who may apply without next friend), make such order regarding—

(a) the [F1 legal custody] of the minor; and

(b) the right of access to the minor of his mother or father,

as the court thinks fit having regard to the welfare of the minor and to the conduct and wishes of the mother and father.

[F2 (2) Where by an order under subsection (1) of this section the right to the actual custody of a minor is given to one of the parents, the court may also, subject to section 12 of this Act, make one or both of the following orders, that is to say—

(a) an order requiring the parent excluded from having actual custody to make to the other parent for the benefit of the minor, or to the minor, such periodical payments, and for such term, as may be specified in the order;

(b) an order requiring the parent excluded from having actual custody to pay to the other parent for the benefit of the minor, or to the minor, such lump sum as may be so specified;]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) An order under subsection (1) or (2) of this section [F4 other than an order for the payment of a lump sum] may be varied or discharged by a subsequent order made on the application of either parent or . . . F5 after the death of either parent) on the application of any guardian under this Act . . . F6 .

[F7 (5) An order shall not be made under subsection (1) of this section giving [F1 legal custody] to a person other than the mother or father.

(6) An order shall not be made under subsection (1) of this section at any time when the minor is free for adoption [F8 within the meaning of section 12(6) of the Children Act 1975][F8 by virtue of an order under section 18 of the Adoption Act 1986 (orders in England and Wales) or section 14 of the Children Act 1975 (orders in Scotland)]]

Textual Amendments

F1 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 36(1)(a), Sch. 1

F2 S. 9(2) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 41(2), Sch. 1

F3 Ss. 9(3), 14(4) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Schs. 1, 3

F4 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 41(2), Sch. 1

F5 Words repealed by Guardianship Act 1973 (c. 29, SIF 49:9), s. 2(1), Sch. 2 Pt. I para. 1(4)

F6 Words repealed by Children Act 1975 (c. 72, SIF 49:9), s. 108, Sch. 3 para. 75(1)(c)

F7 S. 9(5)(6) inserted by Children Act 1975 (c. 72, SIF 49:9), s. 108, Sch. 3 para. 75(1)(d)

F8 Words from “by virtue of” to “(orders in Scotland)” substituted (prosp.) for words from “(within” to “Children Act 1975)” by Adoption Act 1976 (c. 36, SIF 49:11), ss. 73, 74(2), Sch. 3 para 16

Modifications etc. (not altering text)

C1 S. 9(4) extended by Guardianship Act 1973 (c. 29, SIF 49:9), ss. 4(3), 5(2)