Section 53 — Care of Children Act 2004: Orders in proceedings under Family Proceedings Act 1980

53 Orders in proceedings under Family Proceedings Act 1980 (1) This section applies to a Court if it is a Family Court hearing or otherwise dealing with proceedings under the Family Proceedings Act 1980 for a separation order, an order declaring a marriage or civil union to be void ab initio , or an order dissolving a marriage or civil union. (2) The Court may, before or by or after the principal order, make any interim or final order it thinks fit about the role of providing day-to-day care for, or about contact with, or about the upbringing of, a child of the marriage or a child of the civil union (as defined in section 2 of the Family Proceedings Act 1980 ). (3) Section 50 applies with all necessary modifications to an order under subsection (2) , and an order of that kind may be subject to any terms or conditions the Court thinks fit. (4) The Court may, if in all the circumstances it thinks it appropriate to do so, make an order vesting the sole guardianship of the child in 1 of the parents, or make any other order with respect to the guardianship of the child that it thinks fit. However, if the Court makes no order with respect to the guardianship of the child, every person who was a guardian of the child continues to be a guardian of the child. (5) Despite subsection (4) , an order depriving a parent of the guardianship of his or her child may be made under that subsection only if the Court is satisfied of the matters stated in section 29(3)(a) and (b) . (6) An order may be made under this section, and an order made under this section may be varied or discharged, even though the Court has refused to make the principal order or to give any other relief sought. Compare: 1968 No 63 s 12(1), (2)-(5), (6)(b) Subsection (1) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by inserting the words “ or civil union ” after the word “ marriage ” in both places it appears. Subsection (2) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by inserting the words “ or a child of the civil union ” after the word “ marriage ” .