Amendment status not verified — confirm the current text below against the official source.
449 Article 1454 - Hearing of the arguments and judgment - After the necessary steps are taken, hearing of arguments and judgment shall take place, in which the procedure laid down from summary proceedings shall be followed with the following modifications:- a) If the parents are present the judge shall question them separately; b) After the oral arguments of the appointed lawyers the curator of minors shall be heard; c) The decision shall be recorded in the proceedings of the hearing; § Sole Paragraph: The hearing may be adjourned only once if any of the parents or a witness which cannot be dispersed remains absent for justifiable reason. Article 1455 - Judgement - Within a period of 10 days the judgment shall be drawn from which appeal shall lie to the High Court. The Court shall regulate the exercise of parental power in accordance with the interest of minors who may be entrusted to the care of any of the parents or of third person or any establishment of charity or education. In the Judgment the Court shall also fix the maintenance due to minors and the mode of its payment in accordance with the law. § Sole Paragraph: All interlocutory appeals filed during the course of the proceedings shall be transferred to the superior Court along with the appeal from the final judgment. Article 1456 - Consequences of failure to comply by one of the parents - If one of the parent does not comply with whatever has been agreed or decided, the other may apply to the guardianship Court either that necessary measures be taken from coercive compliance if possible or the defaulter may be convicted with fine or that the terms settled may be modified, in the last case the provision of the last clause of the body of article 1452 being observed. Article 1457 - Alteration of the provisions - When due to subsequent circumstances it is necessary to modify whatever had been settled as regards the destination and the maintenance of the children, the step laid down in arts. 1452 onwards shall be observed before the guardianship Court having the matter. Article 1458 - Provision regarding children of spouses separated “defacto” and to illegitimate children - The provisions of art.1452 onwards are equally applicable in deciding the 450 fate and maintenance of the children effected “defacto”, due to differences or abandonment of conjugal domicile, and of illegitimate children which have been acknowledged, so long as the parents do not arrive at agreement, as to exercise of parental powers or the agreement is not carried out. The provisions shall be taken suo moto, on the application of any of the parent or of the curator of minors through the participation of the immediate relatives of minors, supervising officials, directors of establishments or associations for the protection of childhood and even any authority or member of the public. Article 1459 - Provisional steps in the case of legal protection to a woman - If a woman applies for legal protection in anticipation or as in incident for a suit for divorce or for separation of persons and assets, the judge at the time of granting the protection or after the same is granted, shall take provisional measures in respect of minor children, and may hand them over to any of the parents or to another person as may be convenient. Article 1460 - Proceedings for judicial handing over of minor - If a minor abandons his father, tutor or person legally entrusted with his care and education these may apply that the minor be returned to them. The return shall be applied from the guardianship Court in the Judicial division in which the minor is found, and the legal entitlement on which the application is founded shall be proved before the same. The return shall not admit of any opposition unless based on a decision of a Civil Court or a Court of guardianship which prevents the measure or an application for delivery of minor in anticipation of a suit for interdiction of parental power or of guardianship functions. In case there is no objection or the same is not admissible, delivery shall be ordered at which the Judge shall be present. If the curator of minors cannot remain present: § 1: The step of delivery may be preceded by a summary enquiry on the moral and economic situation of the applicant and of the relatives of the minor bound to provide maintenance. If this enquiry demonstrates lack of suitability of one or both the parents when they live together the minors shall be kept in the house of a suitable family, preference shall be given to the closest relative bound to maintain the child; if this is not possible the minor shall be kept in a charitable or educational institution. 451 When the parents live separately and one of them is suitable, the minor shall be handed over to the said parent. § 2: When the minor is delivered, the curator of minors shall file within 15 days if it has been not filed a proceeding for restraining the parental power or guardianship function. § 3: The provisions of this article and its paragraphs are equally applicable in case the minor is kidnapped or any other manner is found out of the power of the person to whom he has been lawfully entrusted. Article 1461 - Power of the guardianship authorities for the emancipation of minors - The guardianship authority may if they deem convenient decree the emancipation of minors of 18 years of age, if any of the following circumstances obtain; a) If the minors are illegitimate children; b) The children are legitimate but are born of an annulled marriage or their parents are judi- cially separated. Article 1462 - Application for maintenance of minors - Legitimated or recognized minors who are in need of maintenance may apply to the office of the guardianship of children of the area in which they reside by themselves, through the curators of minors, through the Directors of establishment or association of protection of childhood or even through the intervention of any authority or officials of the Court or any person whom the minor is entrusted that maintenance be given to him by the ascendants, brothers or sisters or relatives till the sixth degree. Article 1463 - Requirements of the application - To the application or intimation itself, there shall be attached documents proving the degree of relations between the minor and the persons in respect against whom the application is moved and any others as also the list of witnesses. The documents may be questioned officially by the guardianship office to the competent authorities who will issue the same free of cost when the applicant due to lack of means cannot file the same. Article 1464 - Subsequent stages - The person against whom the application is made shall be notified to within 10 days to oppose the application on penalty of the same being granted against him, and to finish all the evidence that he has and apply for such steps as he deems convenient. 452 In the case of objections, such steps shall be taken as the Court finds indispensable and thereafter the hearing of arguments and order shall take place to which the provisions relating to summary proceedings shall apply. § Sole Paragraph: In these proceedings holding of enquiry is not necessary. Article 1465 - Steps to be taken in order to render the payment of maintenance effective - When the person against whom the order for payment of maintenance or pension or boarding charges is passed and does not pay the amounts due within 10 days after the same are due, the following shall be observed: a) If he is a public servant the said amount shall be deducted from his salary upon the appli- cation of the relevant guardianship office to the competent authority; b) If he is a private employee or an daily wages, the same shall be deducted from the wages or salaries for which the respective employee shall be notified who shall be deemed to be in the position of a judiciary receiver; c) When it is not possible to obtain payment in the manner indicated an application may be made that the debtor through criminal proceedings may be sentenced to imprisonment of upto 6 months not convertible into fine. Article 1466 - Court with jurisdiction for steps relating to minors - For the measures relating to minors the Court of the place of the residence shall have jurisdiction except where the residence is in the Colony or abroad in which cases the guardianship court of Lisbon shall be jurisdiction. SUB-SECTION II LEGAL MEASURES CONCERNING SPOUSES Article 1467 - Legal protection to woman – A married woman may apply for legal protection as preparatory to a suit for divorce or separation of persons or assets; and may also apply for the same as incidental to any of these suits whether she is a plaintiff or defendant. Legal custody shall always be granted and shall be affected in the house of an honest family which the judge shall choose preferably from amongst the relatives of the woman. She may carry with her clothes and objects of her use. 453 An official shall affect the formality of custody and shall draw up another record. The judge shall preside over the process if this is requested. Article 1468 - Expiry of custody - A preparatory custody shall expire if the suit is not filed within 15 days; and both this as well as the incidental deposit shall also lapse if the suit is delayed due to negligence of the woman plaintiff for more than 30 days. Upon the lapse of the deposits, only on the basis of subsequent events may another one be applied for. Article 1469 - Enlistment of movable assets - Independently of the deposit a woman may request the enlistment of the movable assets of the couple as a step preparatory or as an incident of the suit referred in art.1467. § Sole Paragraph: The judicial custody and the enlistment shall be appended to the respective suit. This matter was earlier dealt under art.20 of the Decree of 3/11/1910 there is related provision in art.393 & 391 of this Code. Article 1470 - Procedure for restoration of conjugal rights - When a woman abandons her husband or refuses to accompany him being bound to do so, he may apply that the woman be judicially handed over to him. The delivery shall be applied in the Court of judicial division where the woman is to be found. Once marriage is proved the process shall take place at the day and time designated place, except for:- § 1: If the woman proves by document that suit for separation of persons or assets or divorce is pending, or has been decreed; all that her judicial custody has been authorized as a preparatory step and the said custody has not yet lapsed. § 2: If she makes an application for judicial custody as an act preparatory to a suit for divorce or separation; In the circumstances mentioned under no.1, the application shall be dismissed; in those mentioned at no.2 the juridical custody shall be ordered. This is the procedure to enforce the substantive rights of the husband under article 1184 and 1186 of the Civil Code of