Guardianship Act 1973

JurisdictionUK Non-devolved
Citation1973 c. 29
(1) In relation to the F2legal custody or upbringing of a F3child, and in relation to the administration of any property belonging to or held in trust for a F3child or the application of income of any such property, a mother shall have the same rights and authority as the law allows to a father, and the rights and authority of mother and father shall be equal and be exercisable by either without the other. F4In this Act “legal custody” shall be construed in accordance with Part IV of the Children Act 1975.(2) Notwithstanding anything in section 85(2) of the Children Act 1975, an agreement may be made between the father and mother of a child as to the excercise by either of them, during any period when they are not living with each other in the same household, of any of the parental rights and duties with respect to the child; but no such agreement shall be enforced by any court if the court is of opinion that it will not be for the benifit of the child to give effect to it.(3) F6Subject to subsection (3A) below where a F3child’s father and mother disagree on any question affecting his welfare, either of them may apply to the court for its direction, and (subject to subsection (4) below) the court may make such order regarding the matters in difference as it may think proper.an order is in force under section 4 of the Family Law Reform Act 1987 giving the father all the parental rights and duties with respect to the child; orthe father has a right to custody, legal or actual custody or care and control of the child by virtue of an order made under any other enactment.(4) Subsection (3) above shall not authorise the court to make any order regarding the F2legal custody of a F3child or the right of access to him of his father or mother.(5) An order under subsection (3) above may be varied or discharged by a subsequent order made on the application of either parent or, after the death of either parent, on the application of any guardian under the (6) Section F815(1) to (2A) , section 15(2C) and section 16 of the Guardianship of Minors Act 1971 (jurisdiction and procedure) shall apply for the purposes of subsections (3) to (5) above as if they were contained in section 9 of that Act, . . . .(7) Nothing in the foregoing provisions of this section shall affect the operation of any enactment requiring the consent of both parents in a matter affecting a F3childF10or to be taken as applying in relation to a F3child who is illegitimate, F10and nothing in subsection (1) above shall be taken as applying in relation to a child whose father and mother were not married to each other at the time of his birth(8) In the (9) Nothing in this section shall be taken to affect the provisions of the Mental Health Act 1983 as to the person who is “the nearest relative” for the purposes of that Act.(1) In sections 9, 13, . . . if by virtue of the making of, or refusal to make, an order on that application the actual custody of a child is given to, or retained by, a parent of the child, but 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 make an order that the child shall be under the supervision of a specified local authority or under the supervision of a probation officer;if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parents, the court may commit the care of the child to a specified local authority.(3) Where the court makes an order under section (2) (b) above committing the care of a F17child to a local authority, the court may make a further order requiring either parent to make to that authority or to the F17child such periodical payments, and for such term, as may be specified in the order; but the order shall only require payments to be made to a local authority while it has the care of the F17child(3A) The court in deciding whether to exercise its power under subsection (3) above and, if so, in what manner, shall have regard to all the circumstances of the case including the matters to which the court is required to have regard under section 12A of the Guardianship of Minors Act 1971.(3B) The provisions of section 12 of the Guardianship of Minors Act 1971 shall apply in relation to an order made under subsection (3) above as they apply in relation to an order made under F18section 11B of that Act.

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