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Guardianship Acts (1968 to 1998) by Parliamentary Counsel  011
THE GUARDIANSHIP ACT 1968:
Custody Orders and Orders in other Proceedings]
12   Orders in other proceedings




   [12. Orders in other proceedings---(1) Subject to section 24 of this
 Act, in any proceedings under the Family Proceedings Act 1980 for a
 separation order, for an order declaring a marriage to be void ab
 initio, or for an order dissolving a marriage, a Family Court, or, in
 any proceedings under [[section 10B, a Family Court or]] the High Court,
 may from time to time, before or by or after the principal order, make
 such interim or permanent order with respect to the custody and
 upbringing of or access to any child of the marriage as it thinks fit.

   [[(1A) Subject to section 24 of this Act, in any proceedings under the
 Domestic Violence Act 1995 for a protection order, a Family Court may
 make such interim order or orders with respect to the custody of or
 access to any child of the applicant's family, or such interim order or
 orders varying any custody order or access order relating to such a
 child, as the Court considers necessary to protect the welfare of that
 child.]]

   (2) In any [[case to which subsection (1) of this section applies,]]
 the Court may, if in all the circumstances it thinks appropriate, make a
 guardianship order vesting the sole guardianship of the child in one of
 the parents, or make such other order with respect to the guardianship
 of the child as it thinks fit.

   (3) An order may be made under subsection (1) or subsection (2) of
 this section, and any such order may be varied or discharged,
 notwithstanding that the Court has refused to make the principal order
 or to give any other relief sought.

   (4) Unless the Court makes a guardianship order, every person who was
 a guardian of the child shall continue to be a guardian of the child.

   (5) Any order made under subsection (1) of this section may be made
 subject to such conditions as the Court thinks fit.

   [[(6) For the purposes of this section,---
   (a) The term ``child of the applicant's family'' has the meaning given
         to it by section 2 of the Domestic Violence Act 1995:
   (b) The term ``child of the marriage'' has the meaning given to it by
         section 2 of the Family Proceedings Act 1980.]] ]

       Ss. 11 and 12 were substituted for the original ss. 11 and 12 by
     s. 5 of the Guardianship Amendment Act 1980.
       In subs. (1) the words in double square brackets were substituted
     for the former words by s. 8 of the Guardianship Amendment Act 1998.

       Subs. (1A) was inserted by ss. 1 (2) and 2 (1) of the Guardianship
     Amendment Act 1995.
       In subs. (2) the words in double square brackets were substituted
     for the words ``such case'' by ss. 1 (2) and 2 (2) of the
     Guardianship Amendment Act 1995.
       Subs. (6) was substituted for the original subs. (6) by ss. 1 (2)
     and 2 (3) of the Guardianship Amendment Act 1995.
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