Section 3 Rights of surviving parent as to guardianship.
England and Wales
On the death of the father of a minor, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the father; and—
where no guardian has been appointed by the father; or
in the event of the death or refusal to act of the guardian or guardians appointed by the father,
the court may, if it thinks fit, appoint a guardian to act jointly with the mother.
On the death of the mother of a minor, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the mother; and—
where no guardian has been appointed by the mother; or
in the event of the death or refusal to act of the guardian or guardians appointed by the mother,
the court may, if it thinks fit, appoint a guardian to act jointly with the father.
Notes on the whole Act
Textual amendments
- F1
Act repealed (EW NI) (14.10.1991) by Childrens Act 1989 (c. 41 , SIF20), s.108(7), Sch.15;SI 1991/828, art.3(2)