Children Act, 1997

New sections.

9.—The Act of 1964 is hereby amended by the insertion after section 11 of the following sections:

“Custody may be granted to father and mother jointly.

11 A.—For the avoidance of doubt, it is hereby declared that the court, in making an order under section 11, may, if it thinks it appropriate, grant custody of a child to the child's father and mother jointly.

Relatives may apply for access to child.

11B.—(1) Any person who—

(a) is a relative of a child, or,

(b) has acted in loco parentis to a child,

and to whom section 11 does not apply may, subject to subsection (3), apply to the court for an order giving that person access to the child on such terms and conditions as the court may order.

(2) A person may not make an application under subsection (1) unless the person has first applied for and has been granted by the court leave to make the application.

(3) In deciding whether to grant leave under subsection (1), the court shall have regard to all the circumstances, including in particular—

(a) the applicant's connection with the child,

(b) the risk, if any, of the application disrupting the child's life to the extent that the child would be harmed by it,

(c) the wishes of the child's guardians.

(4) In this section, a relative of a child who is the subject of an adoption order includes—

(a) a relative of the child's adoptive parents,

(b) the adoptive parents of the child's parents, or

(c) a relative of the adoptive parents of the child's parents.

Operation of order not to be stayed pending appeal unless so ordered.

11C.—The operation of an order under this Act shall not be stayed pending the outcome of an appeal against the order unless the court that made the order or the court to which the appeal is brought directs otherwise.

Provision relating to orders under sections 6A, 11, 14 and 16.

11D.—In considering whether to make an order under section 6A, 11, 14 or 16 the court shall have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.”.