Guardianship

Guardianship is governed by the Guardianship of Infants Act 1961.

Guardian of the person

The guardian of the person of an infant has custody of the infant and is responsible for the infant’s support, health, and education.

Guardian of property

Subject to the rights of any trustee or personal representative in whom the property is vested, a guardian of property has the control and management of the infant’s property. The guardian must deal with it as carefully as a person of ordinary prudence would deal with their own property, and may do what is reasonable and proper for its realisation or protection.

Equality of parental rights

• In relation to custody or upbringing, or the administration of property belonging to or held in trust for an infant, a mother has the same rights and authority as the law allows a father. Those rights are equal.
• A mother has the same power as a father to apply to the court on any matter affecting the infant.