Section 11.
SCHEDULE 4Amendments of Guardianship of Infants Act 1925 s. 3, and of Maintenance Orders Act 1950 s. 7, and texts as amended
PART I
Guardianship of Infants Act 1925, S. 3
1(1)Section 3 of the [1925 c. 45.] Guardianship of Infants Act 1925 is to be amended in accordance with sub-paragraphs (2) to (6) below.
(2)In section 3(1) for the words "mother of the infant is then residing with the father of the infant", there shall be substituted the words " parents are then residing together ".
(3)In section 3(2) there shall be substituted—
(a)for the words "the mother", where they first occur, the words " any person (whether or not one of the parents)"; and
(b)for the words " the mother is then residing with the father ", the words " the parents are residing together " ; and
(c)for the words " the father shall pay to the mother " the words " the parent or either of the parents excluded from having that custody shall pay to that person " ; and
(d)for the words " the father ", where they last occur, the words " that parent".
(4)In section 3(3) there shall be substituted—
(a)for the words " mother resides with the father ", the words " parents are residing together " ; and
(b)for the words " the mother of the infant continues to reside with the father", the words " they continue to reside together ".
(5)At the end of section 3(3) there shall be added—
“Provided that unless the court in making the order directs otherwise, this subsection shall not apply to any provisions of the order giving the custody of the child to a person other than one of the parents or made with respect to a child of whom custody is so given.”
(6)In section 3(4), for the words " either of the father or the mother of the infant" there shall be substituted the words " of either parent or of any other person having the custody of the child by virtue of an order made under section 5 of the [1886 c. 27.] Guardianship of Infants Act 1886. ".
Maintenance Orders Act 1950, s. 7
2In section 7 of the [1950 c. 37.] Maintenance Orders Act 1950 there shall be substituted—
(a)for the words " to the mother ", where they first occur, the words " to a person resident in Scotland " ; and
(b)for the words " requiring the father to make payments to the mother " the words " requiring payments to be made " ; and
(c)for the words " the father", where they last occur, the words " one parent" and for the words " the mother ", in the last two places where they occur, the words " the other parent".
PART IITexts of s. 3 and s. 7 as amended
Guardianship of Infants Act 1925, s. 3, as amended
3(1)The power of the court under section five of the [1886 c. 27.] Guardianship of Infants Act 1886 to make an order as to the custody of an infant and the right of access thereto may be exercised notwithstanding that the parents are then residing together.
(2)Where the court under the said section as so amended makes an order giving the custody of the infant to any person (whether or not one of the parents), then, whether or not the parents are residing together, the court may further order that the parent or either of the parents excluded from having that custody shall pay to that person towards the maintenance of the infant such weekly or other periodical sum as the court, having regard to the means of that parent, may think reasonable.
(3)No such order, whether for custody or maintenance, shall be enforceable and no liability thereunder shall accrue while the parents are residing together, and any such order shall cease to have effect if for a period of three months after it is made they continue to reside together:
Provided that unless the court in making the order directs otherwise, this subsection shall not apply to any provisions of the order giving the custody of the child to a person other than one of the parents or made with respect to a child of whom custody is so given.
(4)Any order so made may, on the application of either parent or of any other person having the custody of the child by virtue of an order made under section five of the Guardianship of Infants Act 1886, be varied or discharged by a subsequent order.
Maintenance Orders Act 1950, s. 7, as amended
7An order under the Guardianship of Infants Acts 1886 and 1925, giving the custody of a pupil child to a person resident in Scotland, whether with or without an order requiring payments to be made towards the maintenance of the pupil child, may be made, if one parent resides in England or Northern Ireland and the other parent and the pupil child in Scotland, by the sheriff within whose jurisdiction the other parent resides.