35 Further provisions relating to powers of court


This section applies to a court if it is the Family Court or the High Court hearing or otherwise dealing with proceedings under section 31.


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 who is the subject of the proceedings.


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.


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.


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)

Section 35(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).