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(1)Whenever a maintenance order is made against the father or mother, a court may, at the time of making the order or from time to time thereafter, on being satisfied that the applicant—
(a)is not a fit and proper person to have custody of the child; or
(b)is dead, or suffers from mental illness or is in prison, appoint a person who is willing to have custody of the child to be the custodian of the child.
(2)The appointment of a custodian may be made on the application of a probation and social welfare officer or of the person having custody of the child or of the person against whom the maintenance order is made.
(3)The appointment of a custodian may be revoked and another person appointed to have custody of the child.
(4)A custodian shall have power to apply for the recovery of all payments in arrears becoming due under a maintenance order as any other applicant would have been entitled to do.
(5)Where any order of appointment or of revocation of a custodian is made, the court may also order the child to be delivered to the person appointed to have custody of the child.
(6)If a child in respect of whom a maintenance order subsists is wrongfully removed from the person in whose custody he or she is, the court may, on the application of the custodian, make an order that the custody of the child be recommitted to the applicant.
(7)A person who contravenes an order made under subsection (6) commits an offence and shall be dealt with in accordance with this Act.
If a parent has a maintenance order against them but the court finds they are not fit to care for the child, or they are dead, mentally ill, or in pri...
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Searching within THE CHILDREN ACT. Faster results.