GUARDIANSHIP OF MINORS ACT 1971

Section 1 sets out the general principle on which questions relating to custody, upbringings etc of minors are to be decided.  Section 2 provides that there is an equal right of mother to apply to the court.  Section 3 relates to the rights of surviving parent as to guardianship.  Section 4 provides a power of father and mother to appoint testamentary guardians.  Section 5 empowers the court to appoint a guardian when a minor has no parent.     Section 6 empowers the High Court to remove or replace a guardian.  Section 7 sets out provisions where there is a dispute between joint guardians.

Section 9 – 13 applies to orders for custody and maintenance.  Section 9 sets out provisions relating to orders for custody and maintenance on application of mother or father.  Section 10 applies to orders for custody and maintenance where person in guardian to exclusion of surviving parent.  Section 11 sets out provisions regarding orders for custody and maintenance where joint guardians disagree.  Section 12 applies to orders for maintenance of persons between 18 and 21.  Section 13 provides for the enforcement of orders for custody and maintenance.

Section 14 relates to illegitimate children and sets out the application of the Act to illegitimate children.

Section 15 – 17 applies to jurisdiction and procedure.  Section 16 gives details on appeals and procedure.  Section 18 – 20 contain the supplementary provisions.

SCHEDULES

Schedule 1 – Consequential Amendements