Section 8
of Guardianship of Infants Act
Section 8
(1)
The father of an infant may by deed or will appoint any person to be guardian of the infant after the father’s death.
Guardianship of Infants
B.L.R.O. 2/2000 5
(2)
The mother of an infant may by deed or will appoint any person to be guardian of the infant after the mother’s death.
(3)
Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the infant so long as the mother or father remains alive, unless the mother or father objects to the guardian 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 infant, the guardian may apply to the court.
(5)
If an application is made under subsection (4), the court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the infant, and in the latter case may make such order regarding the custody of the infant and the right of access thereto of the mother or father as, having regard to the welfare of the infant, the court may think fit.
(6)
If an application is made under subsection (4), the court may further order that the mother or father shall pay to the guardian towards the maintenance of the infant such weekly or other periodical sum as, having regard to the means of the mother or father, the court may consider reasonable.
(7)
Where guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly.
(8)
A guardian who has been appointed by the court to act jointly with a surviving parent shall continue to act as guardian after the death of the surviving parent. 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.
Dispute between joint guardians.