Guardianship of Minors Act 1971
Jurisdiction | UK Non-devolved |
Citation | 1971 c. 3 |
Year | 1971 |
(a) the F9legal custody or upbringing of a minor; or(b) the administration of any property belonging to or held on trust for a minor, or the application of the income thereof,where no guardian has been appointed by the father; orin the event of the death or refusal to act of the guardian or guardians appointed by the father,where no guardian has been appointed by the mother; orin the event of the death or refusal to act of the guardian or guardians appointed by the mother,(1) The father of a minor may by deed or will appoint any person to be guardian of the minor after his death.(2) The mother of a minor may by deed or will appoint any person to be guardian of the minor after her death.(3) Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the minor so long as the mother or father remains alive unless the mother or father objects to his so acting.refuse to make any order (in which case the mother or father shall remain sole guardian) ; orshall act jointly with the mother or father;orshall be the sole guardian of the minor.(5) Where guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly.(6) If under section 3 of this Act a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent; but, if the surviving parent has appointed a guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent.(1) Where a minor has no parent, no guardian of the person, and no other person having parental rights with respect to him, the court, on the application of any person, may, if it thinks fit, appoint the applicant to be the guardian of the minor.(2) A court may entertain an application under this section to appoint a guardian of a minor notwithstanding that, by virtue of a resolution under F13section 3 of the Child Care Act 1980, a local authority have parental rights with respect to him; . . . The High Court may, in its discretion, on being satisfied that it is for the welfare of the minor, remove from his office any testamentary guardian or any guardian appointed or acting by virtue of this Act, and may also, if it deems it to be for the welfare of the minor, appoint another guardian in place of the guardian so removed. Where two or more persons act as joint guardians of a minor and they are unable to agree on any question affecting the welfare of the minor, any of them may apply to the court for its direction, and the court may make such order regarding the matters in difference as it may think proper. the F16legal custody of the minor; andthe right of access to the minor of his mother or father,an order requiring the parent excluded from having actual custody to make to the other parent for the benefit of the minor, or to the minor, such periodical payments, and for such term, as may be specified in the order;an order requiring the parent excluded from having actual custody to pay to the other parent for the benefit of the minor, or to the minor, such lump sum as may be so specified;(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An order under
To continue reading
Request your trial