Guardianship of Minors Act 1971
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3 Rights of surviving parent as to guardianship.
(1) On the death of the father of a minor, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the father; and— (a) where no guardian has been appointed by the father; or (b) in the event of the death or refusal to act of the guardian or guardians appointed by the father, 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 minor, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the mother; and— (a) where no guardian has been appointed by the mother; or (b) in the event of the death or refusal to act of the guardian or guardians appointed by the mother, the court may, if it thinks fit, appoint a guardian to act jointly with the father.
3 Rights of surviving parent as to guardianship.
(1) On the death of the father of a minor, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the father; and— (a) where no guardian has been appointed by the father; or (b) in the event of the death or refusal to act of the guardian or guardians appointed by the father, 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 minor, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the mother; and— (a) where no guardian has been appointed by the mother; or (b) in the event of the death or refusal to act of the guardian or guardians appointed by the mother, the court may, if it thinks fit, appoint a guardian to act jointly with the father.
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