1986 Ed.]
Guardianship of Minors
[CAP. 13
6. (1) A parent of a minor may by deed or will appoint any person to be guardian of the minor after his death.
(2) Any guardian so appointed shall act jointly with the surviving parent, if any, unless the surviving parent objects to his so acting.
(3) If the surviving parent so objects, or if the guardian so appointed considers that the surviving parent 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 surviving parent shall remain sole guardian); or
(b) make an order that the guardian so appointed-
(i) shall act jointly with the surviving parent; or
(ii) shall be the sole guardian of the minor.
(4) Where guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly.
(5) If under section 5 a guardian has been appointed by the court to act jointly with the 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.
(6) The court may authorize a guardian who is not a parent of the minor who is his ward to be paid such remuneration for his services as guardian as the court may think fit.
7. 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.
Power of parent to appoint testamentary guardians. 1971 c. 3, s. 4.
(cf. Cap. 29, s. 43.)
5
Power of court to appoint guardian for minor having no parent, etc. 1971 c. 3, s. 5(1).
Power of High Court to remove or replace guardian.
8. 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 Ordinance, 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.
9. Where 2 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.
1971 c. 3, s. 6.
Disputes between joint guardians.
1971 c. 3, s. 7.