Guardianship of Infants Act 1916 (NSW)

Guardianship of Infants Act 1916 No 41

An Act to assure to the widow or widower and family of a testator an adequate maintenance from the estate of such testator; to amend the law relating to the guardianship of infants; and for purposes incidental thereto or consequent thereon.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Guardianship of Infants Act 1916.

1A Application of Act This Act does not apply in respect of the estate of any deceased person in relation to whom Chapter 3 of the Succession Act 2006 applies.

2 Definitions In this Act, unless the context otherwise requires: Court means: (a) the Supreme Court, in relation to any matter (including a matter referred to in paragraph (b)), or (b) the District Court, in relation to a matter for which it has jurisdiction under section 134 of the District Court Act 1973. Executor includes administrator with the will annexed. Minor means a person under the age of eighteen years.

Part 2 3–12 (Repealed)

Part 3 Guardianship of minors

13 Rights of surviving parent as to guardianship (1) On the death of a parent of a minor (the deceased parent), a surviving parent of the minor is, subject to the provisions of this Act, to be a guardian of the minor, either alone or jointly with any guardian appointed by the deceased parent. (2) Where no guardian has been appointed by the deceased parent, or if the guardian or guardians appointed by the deceased parent is or are dead or refuses or refuse to act, the court may, if it thinks fit, appoint a guardian to act jointly with the surviving parent of the minor.

14 Power of parents to appoint guardians (1) The parent (including a mother or father) of a minor may by deed or will appoint any person to be guardian of the minor after his or her death. (2) (Repealed) (3) Any guardian so appointed shall act jointly with the surviving parent (including the mother or father, as the case may be) of the minor so long as the surviving parent remains alive, unless the surviving parent objects to his so acting. (4) If the surviving parent so objects, or if the guardian so appointed considers that the surviving parent is unfit to have the custody of the minor, the guardian may apply to the court. The court may either refuse to make an order (in which case the surviving parent shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the surviving parent, or that he shall be sole guardian of the minor. Where the court makes an order that the guardian so appointed shall be the sole guardian of the minor, the court may make such order regarding the custody of the minor and the right of access thereto of its mother or father as, having regard to the welfare of the minor, the court may think fit, and may further order that the surviving parent shall pay to the guardian towards the maintenance and education of the minor such weekly or other periodical sum as, having regard to the means of the surviving parent, the court may consider reasonable. The powers conferred by this subsection may be exercised at any time and shall include power to vary or discharge any order previously made in virtue of those powers. (5) Where guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly. (6) If under the preceding section 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.