{ "url": "https://openlegislation.uk/guardianship-act-1973-repealed-1111996/section-1", "json_url": "https://openlegislation.uk/guardianship-act-1973-repealed-1111996/section-1.json", "legislation": "ukpga/1973/29", "legislation_title": "Guardianship Act 1973 (repealed 1.11.1996)", "legislation_url": "https://openlegislation.uk/guardianship-act-1973-repealed-1111996", "path": "section/1", "kind": "section", "number": "1", "heading": "Equality of parental rights.", "text": "(1) In relation to the legal custody or upbringing of a child, and in relation to the administration of any property belonging to or held in trust for a child or the application of income of any such property, a mother shall have the same rights and authority as the law allows to a father, and the rights and authority of mother and father shall be equal and be exercisable by either without the other.\nIn this Act “legal custody” shall be construed in accordance with Part IV of the Children Act 1975.\n(2) Notwithstanding anything in section 85(2) of the Children Act 1975, an agreement may be made between the father and mother of a child as to the excercise by either of them, during any period when they are not living with each other in the same household, of any of the parental rights and duties with respect to the child; but no such agreement shall be enforced by any court if the court is of opinion that it will not be for the benifit of the child to give effect to it.\n(3) Subject to subsection (3A) below where a child’s father and mother disagree on any question affecting his welfare, either of them may apply to the court for its direction, and (subject to subsection (4) below) the court may make such order regarding the matters in difference as it may think proper.\n(3A) Where a child’s father and mother were not married to each other at the time of his birth, subsection (3) above does not apply unless—\n(a) an order is in force under section 4 of the Family Law Reform Act 1987 giving the father all the parental rights and duties with respect to the child; or\n(b) the father has a right to custody, legal or actual custody or care and control of the child by virtue of an order made under any other enactment.\n(4) Subsection (3) above shall not authorise the court to make any order regarding the legal custody of a child or the right of access to him of his father or mother.\n(5) An order under subsection (3) above may be varied or discharged by a subsequent order made on the application of either parent or, after the death of either parent, on the application of any guardian under the Guardianship of Minors Act 1971, or (before or after the death of either parent) on the application of any other person having the legal custody of the child.\n(6) Section 15(1) to (2A), section 15(2C) and section 16 of the Guardianship of Minors Act 1971 (jurisdiction and procedure) shall apply for the purposes of subsections (3) to (5) above as if they were contained in section 9 of that Act, . . . .\n(7) Nothing in the foregoing provisions of this section shall affect the operation of any enactment requiring the consent of both parents in a matter affecting a childor to be taken as applying in relation to a child who is illegitimate, and nothing in subsection (1) above shall be taken as applying in relation to a child whose father and mother were not married to each other at the time of his birth\n(8) In the Sexual Offences Act 1956 there shall be substituted for section 38 the provisions set out in Schedule 1 to this Act, . . . .\n(9) Nothing in this section shall be taken to affect the provisions of the Mental Health Act 1983 as to the person who is “the nearest relative” for the purposes of that Act.", "extent": "E+W", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Words “legal custody” substituted (E.W.) for word “custody” by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 36(2)" }, { "type": "F", "label": "F2", "text": "Word substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 53" }, { "type": "F", "label": "F3", "text": "Words added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 36(2)" }, { "type": "F", "label": "F4", "text": "S. 1(2) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 3, 32(4)(5)" }, { "type": "F", "label": "F5", "text": "Words inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 5, 32(4)(5)" }, { "type": "F", "label": "F6", "text": "S. 1(3A) inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 5, 32(4)(5)" }, { "type": "F", "label": "F7", "text": "Words substituted by Family Law Act 1986 (c. 55 SIF 49:3), ss. 68(1), 69(5), Sch. 1 para. 17" }, { "type": "F", "label": "F8", "text": "Words repealed by Family Law Act 1986 (c. 55 SIF 49:3), ss. 68(1)(2), 69(5), Sch. 1 para. 16(a), Sch. 2" }, { "type": "F", "label": "F9", "text": "Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(2), 34(2)(5)" }, { "type": "F", "label": "F10", "text": "Words repealed by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 35(a), Sch. 6" }, { "type": "F", "label": "F11", "text": "S. 1(9) inserted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 35(b)" }, { "type": "M", "label": "M1", "text": "1971 c. 3." }, { "type": "M", "label": "M2", "text": "1971 c. 3." }, { "type": "M", "label": "M3", "text": "1956 c. 69." }, { "type": "C", "label": "C1", "text": "Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/ukpga/1973/29/section/1", "retrieved_at": "2026-10-29T10:47:17.944238+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }