CHILDREN (GUARDIANSHIP AND CUSTODY) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Rights of surviving parent as to guardianship

   4   Power of father and mother to appoint testamentary guardians

   5   Powers of guardians

   6   Equal right of mother to apply to Court

   7   The Court may make order as to custody

      Order may extend payments after age attained

   7B   Court may order maintenance payments in cases where order previously in force

   8   Power of Court to remove guardian

   9   Disputes between joint guardians

   10   [Repealed by Act 11 of 1991.]

   11   In case of separation deed between father and mother

   12   Power of Court as to production of child

   13   Power of Court to order repayment of costs of bringing up child

   14   Court in making order to have regard to conduct of parent

   15   Power of Court as to child's religious education

   16   Definition of "Court", "parent" and "person"

   17   Enforcement of orders for payment of money

   17A   Minister may amend monetary penalties

   18   Principle on which questions relating to custody, upbringing, etc of children are to be decided

   19   Rules of court

   20   Saving

 

THE CHILDREN (GUARDIANSHIP AND CUSTODY) ACT

[Date of Commencement: 1st July, 1957]

<IN:LF:0,RT:1.64514,FI:0>Law 69 of 1956.

Acts
42 of 1969,
41 of 1975,
1 of 1979,
11 of 1991,
7 of 2011.

LNs
149/78,
64/80.

1   Short title

   This Act may be cited as the Children (Guardianship and Custody) Act.

2   Interpretation

<IN:LF:0,RT:1.64514,FI:0>   In this Act, unless the context otherwise requires-

<IN:LF:0,RT:1.64514,FI:0>   "Court" means-

[LNs 149/78; 64/80.]

   (a)   the Supreme Court; or

   (b)   where the respondent, or any of the respondents, or the applicant, or the child to whom the application relates resides in the parish of Kingston or the parish of St. Andrew, the Family Court-Corporate Area Region (as respects any tune on or after the 13th day of November, 1978); or

   (c)   where the respondent, or any of the respondents, or the applicant, or the child to whom the application relates resides within the geographical jurisdiction of a Family Court established pursuant to Part II of the Judicature (Family Court) Act, that Family Court (as respects any time on or after the date of establishment of such Court); or

   (d)   where the respondent, or any of the respondents, or the applicant, or the child to whom the application relates resides in a parish other than those specified at (b)and(c), the Resident Magistrate's Court;

   "child" means a person under eighteen years of age but does not include a person who is or has been married;

[1/1979 2nd Sch.]

<IN:LF:0,RT:1.64514,FI:0>   "Resident Magistrate" means-

[LNs 149/78; 64/80.]

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{/akeebasubs}{akeebasubs*}

   (a)   in reference to a Resident Magistrate for the parish of Kingston or the parish of St. Andrew, a Judge of the Family Court Corporate Area Region; and

   (b)   in reference to a Resident Magistrate for any parish within the geographical jurisdiction of a Family Court established pursuant to Part II of the Judicature (Family Court) Act, a Judge of that Family Court.

3   Rights of surviving parent as to Guardianship

   (1) On the death of the father of a child, the mother, if surviving, shall subject to the provisions of this Act, be the guardian of the child, either alone or jointly with any guardian appointed by the father. When no guardian has been appointed by the father or if the guardian or guardians appointed by the father is or are dead or refuses or refuse to act, the Court may if it thinks fit appoint a guardian to act jointly with the mother.

   (2) On the death of the mother of a child, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the child, either alone or jointly with any guardian appointed by the mother. When no guardian has been appointed by the mother or if the guardian or guardians appointed by the mother is or are dead or refuses or refuse to act, the Court may if it thinks fit appoint a guardian to act jointly with the father.

4   Power of father and mother to appoint testamentary guardians

   (1) The father of a child may by deed or will appoint any person to be guardian of the child after his death.

   (2) The mother of a child may by deed or will appoint any person to be guardian of the child after her death.

   (3) Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the child so long as the mother or father remains alive unless the mother or father objects to his so acting.

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