Welfare of Children Ordinance, 2008 - St Helena

20 Welfare of Children
LAWS OF
ST. HELENA
determining a specific question which has arisen, or which may arise, in connection
with any aspect of parental responsibility for the child.
(2) In this Ordinance “a section 18 order” means any of the orders mentioned in
subsection (1) and any order varying or discharging such an order.
(3) The court may make any order under this section on the application of a person
who is entitled to apply for the order, or has obtained the leave of the court to do so.
(4) The court may make any order under this section in any family proceedings in
which a question arises with respect to the welfare of a child—
(a) on the application of a person who is entitled to apply for the order, or has obtained
the leave of the court to do so; or
(b) if the court considers that the order should be made even though no such
application has been made.
Section 18 orders: further provisions
19. (1) The following persons are entitled to apply to the court for any order under
section 18 with respect to a child:
(a) any parent or guardian of the child;
(b) any person in whose favour a residence order has been made with respect to the
child.
(2) The following persons are entitled to apply for a residence order or a contact order
with respect to a child:
(a) any party to a marriage (whether or not subsisting) in relation to whom the child is
a child of the family;
(b) any person with whom the child has lived for a period of at least three years;
(c) where a residence order is in force with respect to the child, any person who has the
consent of each person in whose favour the order was made;
(d) where the child is in the care of the Department, any person who has the consent of
the Department;
(e) in any case not mentioned in paragraph (c) or (d), any person who has the consent
of each person (if any) having parental responsibility for the child;
(f) any person falling within a category of person prescribed by rules of court in
relation to the kind of order in question.
(3) A person who would not otherwise be entitled (under the previous provisions of
this section) to apply for the variation or discharge of a section 18 order shall be entitled to do
so if—
(a) the order was made on his application; or
(b) in the case of a contact order, he is named in the order.
(4) No application may be made by the Department for a residence order or a contact
order.
(5) Where the court has power to make an order under section 18, it may do so at any
time during the course of the proceedings in question even though it is not in a position to
dispose finally of those proceedings.
(6) Where a residence order is made in favour of two or more persons who do not
themselves all live together, the order may specify the periods during which the child is to live
in the different households concerned.
(7) An order under section 18 may—
(a)
(b)
contain directions about how it is to be carried into effect;
impose conditions to be complied with by any person—
(i) in whose favour the order is made; or
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