Where the court has jurisdiction by virtue of section 44 of the Matrimonial Causes Act 1973 to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in the exercise of that jurisdiction, committed to the custody of any person, order that the child is under the supervision of an officer appointed as per this section as a welfare officer or under the supervision of a local authority.

Where the court makes an order under section 44 of the Act for supervision by a welfare officer, the officer responsible for carrying out the order shall be such probation officer as may be selected under arrangements made by the court in collaboration with the state or local authority.

The court shall not have the power to make an order as per section 44 if the child in pursuance of such an order under section 43 of the Act is in the care of a local authority.

Where a child is under the supervision of any person as per section 44 of the Act, the jurisdiction possessed by a court to vary any financial provision order in the child’s favor or any order made with respect to his custody or education shall, subject to any rules of court, be exercisable at the instance of that court itself.

The court shall have power from time to time by an order under section 44 of the Act to vary or discharge any provision made in pursuance of this section.

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