SCHEDULES
SCHEDULE 1 TEXT OF 1971 ACT AS AMENDED
Appointment, removal and powers of guardians
4 Power of father and mother to appoint testamentary guardians.
1
The father of a child may by deed or will appoint any person to be guardian of the child after his death.
2
The mother of a child may by deed or will appoint any person to be guardian of the child after her death.
3
Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the child so long as the mother or father remains alive unless the mother or father objects to his so acting.
4
If the mother or father so objects, or if the guardian so appointed considers that the mother or father is unfit to have the custody of the child, the guardian may apply to the court, and the court may either—
a
refuse to make any order (in which case the mother or father shall remain sole guardian); or
b
make an order that the guardian so appointed—
i
shall act jointly with the mother or father; or
ii
shall be the sole guardian of the child.
5
Where the guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly.
6
If under section 3 of this Act a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to 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.
7
Where the father and mother of a child were not married to each other at the time of his birth—
a
subsection (1) of this section does not apply, and subsection (3) of this section does not apply in relation to a guardian appointed by the mother, unless the father satisfies the requirements of section 3(4) of this Act; and
b
any appointment under subsection (1) of this section shall be of no effect unless the father satisfies those requirements immediately before his death.