LAW OF GUARDIANSHIP

Taranaki Daily News, 31 December 1926, Page 13

LAW OF GUARDIANSHIP

ENGLISH PRACTICE ADOPTED. PARENTS ON AN EQUALITY. By the Guardianship of Infants Act the Jaw relating to that subject is placed upon a new and' better footing on and after January 1. One purpose of the measure is to do away with any advantage possessed by the father at common law over the mother in deciding disputed questions of guardianship, and both parents are now virtually on an equality. The Act is based on the present English statute. Any Court, in deciding questions of custody, upbringing, or the administration of property for. the benefit of infants, is required to regard the welfare of the infant as the first and paramount consideration. The mother is to have an equal right with the father to make application to the Court. On the death of, either parent, the surviving parent is to be guardian of the infant, either alone or jointly with any guardian appointed by the deceased parent. When no such appointment has been made, or tiie appointee is dead or refuses to act, the Court is empowered to appoint a joint guardian, if it thinks fit. Provision is made for the appointment by either parent of testamentary guardians to act -jointly with the surviving parent. The Court is given vide powers for the removal of any guardian,' including a surviving parent, /ho may. be deemed unsuitable, and the appointment of a substitute. It may als'o . take: a maintenance order against a parent who has been deprived of custody, and may decide questions in dispute between, joint miardians. All the powers referred to may be exercised by a Magistrate's Court presided over by a stipendiary magistrate, except that sueh a Court may not deal with applications respecting infants' over 15 years of age, unless they are physically or mentally incapable of self-support, and it may not. adjudicate upon questions affecting property. The Act contains a new schedule of persons whose consent must be obtained before the marriage of an infant may be solemnised, and sections of the Marriage Act, lfX>B, dealing with the same subject are repealed. Certain provisions of the Infants’ Act, 1908, concerning guardianship are also superseded. Nothing in the Act is to limit the jurisdiction of a children’s court established under the Child Welfare Act, 1925, or the powers and duties of the superintendent of the Child Welfare Branch of the Edcation Department in respect of children committed to his care under that Act.