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Matrimonial Causes Act 1973, Section 44 is up to date with all changes known to be in force on or before 29 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where the court has jurisdiction by virtue of this Part of this Act to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the [F2care of any person], order that the child be under the supervision of an officer appointed under this section as a welfare officer or under the supervision of a local authority.
(2)Where the court makes an order under this section for supervision by a welfare officer, the officer responsible for carrying out the order shall be such probation officer as may be selected under arrangements made by the Secretary of State; and where the order is for supervision by a local authority, that authority shall be the council of a county . . . F3, or of a metropolitan district or London borough selected by the court and specified in the order or, if the Common Council of the City of London is so selected and specified, that Council.
(3)The court shall not have power to make an order under this section as respects a child who in pursuance of an order under section 43 above is in the care of a local authority.
(4)Where a child is under the supervision of any person in pursuance of this section the jurisdiction possessed by a court to vary any financial provision order in the child’s favour or any order made with respect to his custody or education under this Part of this Act shall, subject to any rules of court, be exercisable at the instance of that court itself.
(5)The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4]
Textual Amendments
F1S. 44 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4))
F2Words substituted by Children Act 1975 (c. 72), Sch. 3 para. 78
F3Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F4S. 44(6) repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 48(2), Sch. 3, and also expressed to be repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
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