Guardianship and Custody of Infants Act 1934 (Tas)

Guardianship and Custody of Infants Act 1934

An Act to consolidate certain enactments relating to the guardianship and custody of infants [Royal Assent 27 November 1934]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may by cited as the Guardianship and Custody of Infants Act 1934 .

2.

3. Interpretation (1) In this Act the expression the Court means the Supreme Court. (2) The power conferred by this Act to appoint a guardian shall include power to appoint more persons than one to act as guardians; and references in this Act to a guardian shall be deemed to include references to guardians.

4. Power of father to appoint guardian (1) The father of any infant by deed or will may appoint any person to be the guardian of such infant during the minority of such infant or for any lesser term. (2) The provisions of subsection (1) shall be applicable to an infant born after the death of his father, and the power thereby conferred may be exercised by the father although he is under the age of 18 years.

5. Mother to be guardian on death of father (1) On the death of the father of an infant, the mother, if surviving, shall be the guardian of such infant, either alone when no guardian has been appointed by the father, or jointly with any guardian appointed by the father. (2) When no guardian has been appointed by the father, or if the guardian appointed by the father is dead, or refuses to act, the Court, if it thinks fit, may appoint a guardian to act jointly with the mother.

6. Power of mother to appoint guardian in certain cases (1) The mother of any infant by deed or will may – (a) appoint any person to be the guardian of such infant after the death of herself and of the father of such infant, if such infant be then unmarried; (b) provisionally nominate any person to act as guardian of such infant after her death jointly with the father, and, if after her death it be shown to the satisfaction of the Court that the father is for any reason unfitted to be the sole guardian of his children, the Court may – (i) confirm the appointment of such guardian, who shall thereupon be authorized and empowered so to act as aforesaid; or (ii) make such other order in respect of the guardianship as the Court may think right. (2) Where guardians are appointed by each parent, they shall, after the death of both parents, act jointly.