CAP. 13]
Unenforceability of agreements to give up parental rights.
1973 c. 29, s. 1(2).
1973 c. 29, s. 1(3).
1973 c. 29, s. 1(4).
1973 c. 29, s. 1(5).
1973 c. 29, s. 1(7).
Guardianship of Minors
[1986 Ed.
(b) 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.
(2) Paragraphs (a)(ii) and (b) of subsection (1) shall not apply in relation to a minor who is illegitimate. (Replaced, 69 of 1982, s. 2)
4. (1) An agreement for a man or woman to give up in whole or in part, in relation to any child of his or hers, the rights and authority referred to in section 3 shall be unenforceable, except that an agreement made between husband and wife which is to operate only during their separation while married may, in relation to a child of theirs, provide for either of them to do so; but no such agreement between husband and wife shall be enforced by any court if the court is of opinion that it will not be for the benefit of the child to give effect to it.
(2) Where a minor'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 (3) the court may make such order regarding the matters in difference as it may think proper.
(3) Subsection (2) shall not authorize the court to make any order regarding the custody of a minor or the right of access to him of his father or mother.
(4) An order under subsection (2) may be varied, discharged, suspended or revived after being so suspended by a subsequent order made on the application of either parent or, after the death of either parent, on the application of any guardian or (before or after the death of either parent) on the application of any other person having the custody of the minor. (Amended, 65 of 1986, s. 2)
(5) Nothing in this section shall affect the operation of any enactment requiring the consent of both parents in a matter affecting a minor, or be taken as applying in relation to a minor who is illegitimate.
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Rights of surviving parent as to guardianship.
1971 c. 3, s. 3.
PART III
APPOINTMENT, REMOVAL AND POWERS OF GUARDIANS
5. On the death of a parent of a minor, the surviving parent, if any, shall, subject to this Ordinance, be guardian of the minor either alone or jointly with any guardian appointed by the deceased parent; and-
(a) where no guardian has been appointed by the deceased parent; or
(b) in the event of the death or refusal to act of the guardian or guardians appointed by the deceased parent,
the court may, if it thinks fit, appoint a guardian to act jointly with the surviving parent.
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