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GUARDIANSHIP OF INFANTS ACT 1886 - SECT 3

Mother may appoint guardian, in certain cases.

3.(1) The mother of any infant may by deed or will appoint any person or
persons to be guardian or guardians of such infant after the death of herself
and the father of such infant (if such infant be then unmarried), and where
guardians are appointed by both parents they shall act jointly.

(2) The mother of any infant may by deed or will provisionally nominate some
fit person or persons to act as guardian or guardians of such infant after her
death jointly with the father of such infant, and the court, after her death,
if it be shown to the satisfaction of the court that the father is for any
reason unfitted to be the sole guardian of his children, may confirm the
appointment of such guardian or guardians who shall thereupon be authorised
and empowered so to act as aforesaid, or make such other order in respect of
the guardianship as the court shall think right.

(3) In the event of guardians being unable to agree upon a question affecting
the welfare of an infant, any of them may apply to the court for its
direction, and the court may make such order or orders regarding the matters
in difference as it shall think proper.


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© 1886 Crown Copyright

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