Section 93
Section 93
(1)
Notwithstanding section 88(1), the Court may at any time by order place a child in the custody of anyone of the persons mentioned in section 88(2) or, if there are exceptional circumstances making it undesirable for the child to be entrusted to anyone of those persons, the
Court may by order place the child in the custody of an institution or an association whose objects include welfare of the child or any other person who is appropriate in the opinion of the Court.
(2)
When deciding in whose custody a child should be placed, the main consideration shall be the welfare of the child and, subject to that consideration, the Court shall have regard to —
(a)
the wishes of the parents of the child; and
(b)
the wishes of the child, where he is of an age where he is able to express his own opinion.
(3)
It shall be a rebuttable presumption that it is for the good of a child that he be with his mother during his infancy, but in deciding whether that presumption applies to the facts of a particular case, the Court shall have regard to the undesirability of disturbing the life of a child by changes of custody.
(4)
Where there are two or more children from a marriage, the
Court shall not be bound to place both or all of them in the custody of the same person but shall consider the welfare of each of them independently.
(5)
If it is found to be necessary, the Court may make a temporary order to place the child in the custody of any person or an institution or an association or any other person who is appropriate in the opinion of the
Islamic Family Law 70
Court and such order shall remain in force until an order of Court is made on application for the custody.
Order subject to conditions.