Care of Children Act 2004

34 Powers of court

• (1) A court to which an application is made under section 31 has the rights and powers specified in subsection (2)—

  • (a) between the making of the application for an order and its disposal; and

  • (b) while an order is in force.

  (2) The court has the same rights and powers in respect of the person and property of the child as the High Court had in relation to wards of court immediately before the commencement, on 1 January 1970, of the Guardianship Act 1968, except that the court may not—

  • (a) direct any child who is of or over the age of 16 years to live with any person unless the circumstances are exceptional; or

  • (b) commit for contempt of court a child or the child’s spouse for marrying without the court’s consent while the child is under the guardianship of the court.

  (3) The High Court has all the powers of a Family Court in relation to who has the role of providing day-to-day care for, or contact with, a child who is the subject of an application under section 31 or an order under section 33. An order of the High Court about providing day-to-day care for, or contact with, any child of that kind may be enforced under this Act as if it were an order of a Family Court.

  Compare: 1968 No 63 s 10E