PART XVGUARDIANS

Appointment by court159

1

Where an application with respect to a child is made by any individual, the High Court or a county court may by order appoint that individual to be the child's guardian if—

a

the child has no parent with parental responsibility for him; or

b

a residence order has been made with respect to the child in favour of a parent or guardian of his who has died while the order was in force.

2

The power conferred by paragraph (1) may also be exercised in any family proceedings by the High Court or a county court if it considers that the order should be made even though no application has been made for it.

3

Paragraph (1) shall not apply if the residence order referred to in sub-paragraph (b) of that paragraph was also made in favour of a surviving parent of the child.

4

A person appointed as a guardian under this Article shall have parental responsibility for the child concerned.

5

Subject to any provision made by rules of court, the High Court shall not exercise its inherent jurisdiction to appoint a guardian of the fortune or estate of any child.

6

Where rules are made under paragraph (5), they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made.

7

A guardian may only be appointed in accordance with the provisions of this Article or Article 160.