Guardianship of Infants Act 1964

Rights of parents to guardianship.

6

6. F16 [ (1) The following persons shall be guardians of a child jointly:

(a) the father and mother of the child, or

(b) where a married couple of the same sex have jointly adopted a child under an adoption order, each of the married couple. ]

F17 [ (1A) Where civil partners or a cohabiting couple have jointly adopted a child under an adoption order the civil partners or cohabiting couple, as the case may be, shall be guardians of the child jointly. ]

(2) On the death of the father of a F18 [ child ] the mother, if surviving, shall be guardian of the F18 [ child ], either alone or jointly with any guardian appointed by the father or by the court.

(3) On the death of the mother of a F18 [ child ] the father, if surviving, shall be guardian of the F18 [ child ], either alone or jointly with any guardian appointed by the mother or by the court.

F17 [ (3A) (a) On the death of a civil partner who has jointly adopted a child with their civil partner, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court.

(b) On the death of one cohabitant of a cohabiting couple who have jointly adopted a child, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court. ]

F19 [ (3B) On the death of a spouse who has jointly adopted a child with his or her spouse of the same sex, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court. ]

F20 [ (4) Subject to subsection (1A), where the mother of a child has not married the child s father, and no other person is, under this Act, the guardian of the child, she, while living, shall alone be the guardian of the child. ]

F21 [ (5) In this section, cohabiting couple has the same meaning as it has in the Adoption Act 2010 . ]

Annotations:

Amendments:

F16

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 16(a)(i), S.I. No. 504 of 2015.

F17

Inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 47(a) and (b), S.I. No. 474 of 2017.

F18

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

F19

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 16(a)(ii), S.I. No. 504 of 2015.

F20

Substituted (31.07.2017 and 2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 47(c), S.I. No. 355 of 2017 and S.I. No. 474 of 2017.

F21

Inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 47(d), S.I. No. 474 of 2017.

Modifications (not altering text):

C7

Application of Act confirmed not affected by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 113(2), as inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 151, S.I. No. 474 of 2017, art. 3(d).

Effect of decree of dissolution.

113.— ...

(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.

C8

Application of Act confirmed not affected (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 10(2), commenced as per s. 1(2).

Effect of decree of divorce.

10.— ...

(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of divorce shall not affect the right of the father and mother of an infant, under section 6 of the Act of 1964, to be guardians of the infant jointly.

Editorial Notes:

E23

Previous affecting provision: subs. (4) substituted (9.01.1998) by Children Act 1997 (40/1997), s. 5, commenced as per s. 1(2); substituted as per F-note above.

E24

Previous affecting provision: subs. (4) substituted (14.06.1988) by Status of Children Act 1987 (26/1987) s. 11, in force per s. 1(2)(b); superseded as per E-note above.

E25

Previous affecting provision: subs. (1) amended (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2); subsection substituted as per F-note above.