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Appointment, removal and powers of guardians

3Rights of surviving parent as to guardianship

(1)On the death of the father of a minor, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the father ; and—

(a)where no guardian has been appointed by the father; or

(b)in the event of the death or refusal to act of the guardian or guardians appointed by the father,

the court may, if it thinks fit, appoint a guardian to act jointly with the mother.

(2)On the death of the mother of a minor, the father, if surviving, shall, subject to the provisions of (this Act, be guardian of the minor either alone or jointly with any guardian appointed by the mother; and—

(a)where no guardian has been appointed by the mother; or

(b)in the event of the death or refusal to act of the guardian or guardians appointed by the mother,

the court may, if it thinks fit, appoint a guardian to act jointly with the father.

4Power of father and mother to appoint testamentary guardians

(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 farther, 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.

(4)If the mother or father so objects, or if the guardian so appointed considers that the mother or father is unfit to have the custody of the minor, the guardian may apply to the court, and the court may either—

(a)refuse to make any order (in which case the mother or father shall remain sole guardian); or

(b)make an order (that the guardian so appointed—

(i)shall act jointly with the mother or father; or

(ii)shall 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.

5Power of court to appoint guardian for minor having no parent etc.

(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 section 2 of the [1948 c. 43.] Children Act 1948, a local authority have parental rights with respect to him; but where on such an application the court appoints a guardian the resolution shall cease to have effect.

6Power of High Court to remove or replace guardian

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.

7Disputes between joint guardians

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.

8Continuation of certain powers of guardians

Every guardian under this Act shall .have all such powers over the estate and person or over the estate (as the case may be) of a minor as any guardian appointed by will or otherwise has under the [1660 c. 24.] Tenures Abolition Act 1660 or otherwise.