Care of Children Act 2004

19 Father who was not mother’s spouse, civil union partner, or de facto partner may apply to be appointed as guardian

• (1) If, because of section 17(2) or (3), a child’s mother is (or was at the time of her death) the sole guardian of the child, the child’s father may apply to the court to be appointed as a guardian of the child.

  (2) The father may apply to be appointed—

  • (a) as a guardian of the child as well as the mother or a testamentary guardian appointed under section 26; or

  • (b) as a guardian of the child instead of the mother or a testamentary guardian appointed under section 26.

  (3) An application under subsection (2)(b) must include an application under section 29 for an order depriving the mother of the guardianship of her child or (as the case requires) removing the testamentary guardian from office.

  (4) In response to an application under subsection (2), the court—

  • (a) must appoint the father as a guardian of the child, unless to do so would be contrary to the child’s welfare and best interests; and

  • (b) must determine any included application under section 29 in accordance with that section.

  Compare: 1968 No 63 s 6(3)

  Section 19 heading: amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).