Unenforce abilly of Berbenta
to give up
wensat
rilobus.
1973 c. 29. 4. 102).
1973 c. 20. *. 1033
1973 c. 29.
104).
1973 c. 29.
• KSH
1973 с. 29. * 10).
Rights of
buardianship. 1971 c. 3.
.. 3.
Power of Parco 10 «ppořá DENDANCETILETT
1971 c. 1. 4.4.
claim of the father, in respect of stich custody, upbringing, administration or application "is superior to that of the mother, or the claim of the mother is superior to that of the falber; (8) a mother shall have the same rights and authority as the law allows to a father, and the rights and authority of mother and farber shall be equal and be exercisable by either without the other.
(2) This section does not apply to a minor who is illegitimate,
4. (1) An agreemeal 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 hind of his father or mother.
(4) An order under subsection (2) may be varied or discharged 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.
(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 us applying in relation to a minor who is illegitimate.
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 alono or jointly with any guardian appointed by the deceased parent; and.........
(a) where no guardian has been appointed by the deceased parent, or (5) 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.
(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- (2) refuse to make noy order (in which case the surviving parent shall
remain sole guardian); or
(5) 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, azt jointly.
(5) If under section 5 a guardian has been appointed by the court to act jointly with the surviving parent, be shall continue lo 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.
L431
(6) The court may authorize a guardian who is not a parent of the le. Can. 29. minor who is his ward to be paid such remuneration for his services a5 guardian as the court may think fit.
T. Where a minor has no pareol, no guardian of the person, and Power of cowor no other person having parental rights with respect to him, the court, tal on the application of any person. may, if it thinks fit, appoint the for minde applicant to be the guardian of the minor.
maandam
Dating No parent, muc. 1971 *. 3. ☐ 5011
to remove
E. The High Court may, in its discretion, on being satisfied that it is Power of for the welfare of the minor, remove from bis office any testamentary Hub Coun goardian or any guardian appointed or acting by virtue of this Ordinance, or replace and may also, if it deems it to be for the welfare of the minor, appoint guardian. another guardian in place of the guardiau so removed.
1971 c. 1. 6,
9. Where two or more persons act as joint guardians of a minor Disputes and they are unable to agree on any question affecting the welfare of between Joint 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 17 may think proper.
mardians.
1971 c. 1,
PART TV
Orders for CUSTODY AND MaintenancE
10. (1) The court may, on the application of either of the parents of Orders for
a minor (who may apply without next friend), make such order regarding-
(o) the custody of the minor; and
(6) the right of access to the minor of either of bis parents.
Custody mad maintenance
on sopilcaiton of either PwCol.
Sch. 2, P. IT.
as the court thinks At having regard to the welfare of the minor and to the 192329 conduct and wishes of the parents.
(2) Where the court makes an order under subsection (1) giving the custody of the minor to any person (whether or not one of the parents), the court may make a further order requiring payment to that person by the parent or either of the parents excluded from having that custody of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that
(3) An order may be made under subsection (1) or (2) notwithstanding that the parents of the minor are then residing together, but→
(a) no such order shall be enforceable, and no liability thereunder
shall aceruo, while they are residing together; and (b) any such order shall cease to have effect if for a period of three
months after it is made they continue to reside together:
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