Section 69 Child’s Right Act
Section 69 Child’s Right Act 2003 is about Power of the Court to make order in respect to custody or rights of access to a child. It is under Part VIII (Possession and Custody of Children) of the Act.
(1) The Court may‐
(a) on the application of the father or mother of a child make such order as it may deem fit with respect to the custody of the child and the right of access to the child of either parent, having regard to‐
(i) the welfare of the child and the conduct of the parent; and
(ii) the wishes of the mother and Father of the child,
(b) alter, vary or discharge an order made under paragraph (a) of this subsection on the application of‐
(i) the father or mother of the child, or
(ii) the guardian of the child, after the death of the rather or mother of the child; and
(c) in every case, make such order with respect to costs as it may think just.
(2) The power of the Court under subsection (1) of this section to make an order as to the custody or a child and the right of access to the child may be exercised notwithstanding that the mother of the child is at that time not residing with the father of the child.
(3) Where the Court makes an order under subsection (1) of this section giving the custody of the child to the mother the Court may further order that the father shall pay to the mother towards the maintenance of the child such weekly or other periodical sum as the Court, may, having regard to the means of the father think reasonable.
(4) Where the Court makes an order under Subsection (1) or this section giving custody of child to the father the Court may further order that the mother shall pay to the father towards the maintenance of the child such weekly or other periodical sum as the Court, may, having regard to the means of the mother think reasonable.
(5) Subject to this section; no order whether for custody or maintenance shall be enforceable and no liability thereunder shall accrue while the mother of the, child resides with the father, and any such order shall cease to have effect if for a period of three months after it is made, the mother of the child continues to reside with the father.
(6) An order made under this section may, on the application of the father or mother of the child, be varied or discharged by a subsequent order.
