SCHEDULE 1 TEXT OF 1971 ACT AS AMENDED
Appointment, removal and powers of guardians
Rights of surviving parent as to guardianship.
3
(1)
On the death of the father of a child, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the child 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 child, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the child 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.
(3)
Where the father and mother of a child were not married to each other at the time of his birth, this section does not apply unless the father satisfies the requirements of subsection (4) of this section.
(4)
The father of a child satisfies the requirements of this subsection if—
(a)
an order is in force under section 4 of the Family Law Reform Act 1987 giving him all the parental rights and duties with respect to the child; or
(b)
he 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.