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Friday, July 7, 1972
GUARDIANSHIP OF MINORS BILL
The Government is to introduce a bill consolidating the law
relating to the custody and guardianship of minors.
Known as the Guardianship of Minors Bill 1972, it is intended to
replace the Infants Custody Ordinance.
It sets out the main principle which is to govern a court dealing
with any guardianship matter, namely that the welfare of the minor is the
paramount consideration in deciding any question of the child's custody,
upbringing or the administration of his property.
Under the bill, the mother of a child shall have the same rights
as the father when applying to the court in a dispute over the custody
of the child.
Another clause provides that a parent may, by deed or will, appoint
any person to be a guardian. Where a child has no parents, the court is
empowered to appoint a guardian for him.
The Supreme Court would also have the power to remove guardians
as well as to determine disputes between them.
Orders for the custody and maintenance of an illegitimate child
may also be made on the application of a natural parent, who has the same
rights as a surviving parent as to guardianship and the power of appointing
guardians.
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