[Rev. 2012]
(d)
Children
CAP. 141
make an order that the guardian shall be the sole guardian of the
child, in which case the court shall make such order regarding the
custody of the child and the rights of contact thereto of his parent and
relatives, having regard to the welfare of the child as it may think fit,
and further order that the parent shall pay the guardian a financial
provision towards the maintenance of the child having regard to the
means of the parent, as the court may consider reasonable:
Provided that the court shall not appoint the guardian, sole guardian for the child if
he is not a relative of the child, unless exceptional circumstances exist with regard
to the welfare of the child.
(6) Where guardians are appointed by both parents, the guardians so appointed
shall, after the death of the surviving parent, act jointly.
(7) If under subsection (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 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 parent.
(8) Any person, not being a parent of a child, in whose favour an existing
custody order or a residence order in respect of a child has been made, or to whom
the care of a child has been entrusted by virtue of being a fit person under this Act,
shall act jointly with the surviving parent of a child or with his guardian:
Provided that the surviving parent or the guardian shall be entitled to apply to
court for an order giving effect to some other arrangement.
105. Appointment of guardian by the court
In addition to the powers of the court to appoint a guardian under subsection (5)
of section 104 the court may appoint a guardian in the following circumstances—
(a) On the application of any individual, where the child’s parents are no
longer living, or cannot be found and the child has no guardian and
no other person having parental responsibility for him;
(b) on the application of any individual, where the child is a displaced child
within the meaning of section 119 of this Act.
106. Guardians revocation and disclaimer
(1) An appointment under section 104 revokes an earlier appointment
(including one made in an unrevoked will or codicil) made by the same person in
respect of the same child, unless it is clear (whether as the result of an express
provision in the later appointment or by necessary implication) that the purpose of
the later appointment is to appoint an additional guardian.
(2) An appointment under section 104(including one made in an unrevoked will
or codicil) is revoked if the person who made the appointment revokes it by a dated
instrument which is signed—
(a) by him; or
(b) at his direction, in his presence and in the presence of two witnesses
who each attest to the signature.
C15 - 49
[Issue 1]
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents