Section 83: Guardianship of a child.
(1) The parents of a child shall have guardianship of the child and, in the event of the death of a parent, the surviving parent shall be the guardian of the child.
(2) Where the parents of a child are not fit to be guardians of a child jointly or severally, the Court shall, on application of a member of the family or an appropriate authority, appoint a person to be a joint guardian with the parents of the child.
(3) A surviving parent who has guardianship of a child may, by deed, appoint a guardian for the child in the event of the death of that parent.
(4) A single parent may, by deed, appoint a person to be the guardian of the child upon the death of that single parents.
(5) Where a guardian is appointed to act jointly with a parent or parents of a child under subsection (2) of this section and the guardian so appointed considers the parents unfit to have the custody of the child, the guardian may apply to the Court, and the Court may make-
(a) an order that the guardian be the sole guardian of the child; and
(b) such order regarding the custody and right of access of the parents to the child as the Court may think fit, having regard to the welfare of the child.
(6) The Court may under subsection (2) of this section, order that a parent or parents of a child make a payment to a joint guardian towards the maintenance of the child.
Cite this section
Section 83, CHILD'S RIGHT ACT (2003).
https://repo.podus.ai/laws/child-s-right-act/section/83/