Guardianship of Infants Act 1887 (SA)

ANNO QUINQUAGESIMO ET QUINQUAGESIMO

PRIM0

A.D. 1887.

No. 400.

An Act to amend the law relating to the Guardianship

and Custody of Infants.

[Assented to, November r&h, 1887.1

HEREAS it is expedient to amend the law relating to the Preamble.

Enacted by the Governor-in-Chief of the Province of South Aus- W Guardianship and Custody of Iafants-Be it therefore	tralia, with the advice and consent of the 1,egislative Council and
House of Assembly of the said province, in this present Parliamcnt assembled, as follows:

the guardian of such infant, either alone, when no guardian has been appointed by the father, or jointly with any guardian ap- pointed 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

1. This Act may be cited as The Guardianship of Infants ~ o r t titb.

Act, 1887."

2. "The Infants Custody Act, 1883," is hereby repealed. Repeal.

3. Such repeal shall not affect any order, act, matter, or thing s u ~ h g hum.

lawfully made, done, executed, or in existencc under the said Act hereby repealed; and all orders and other matters or things hereto- fore made or done under the said repealed Act shall be as valid and effectual as if this Act had not been passed.

4. On the death of the father of an infant, and in case the on death offather

father shall have died prior to thc passing of this Act, then, from ~ ~ ~ ", " ' ~ P, ~ ~ $ " ~ $ ~

atld after the passing of this Act, the mother, if surviving, shall be others.

The Guardianship of Infants Act.-1887.

if i t shall think fit, from time to time appoint a guardian or

guardians to act jointly with the mother.

may appoint 5* (1) The mother of any infant may. by deed 'or will, appoint

guardian in certain

ca~m. any person or pcrsons to be guardian 02 guardians of such infant after the dcath of herself and the f'dther of such infant (if such infant he thcn 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 i t be shown to the satisfaction of the Caurt that the father is for

a n y reason unfitted to be the sole guardian of his children,

may confirm the apyointmcnt of such guardian or guardkdns,

who shall thercupon be authorised arld empowered so to act as aforesaid, or may make such other order in respect of the guardianship as the Court shall think right.

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

shall think proper.

Powera of guardian. 6, Every gua'rdian under this ,4ct shall have all such powers over

the estate arld the person, or over the estatc (as thc case may be), of an infant as any guardian appointed by will or otherwise now

has.

Court may make 7, The Court rnajr, upon the application of the mother of m y

orders as to custody.	infant (who may apply without a nest friend), make such order as
it may think fit regarding the custody of such infant, and the right
' the infant and to the conduct of the parents, and to the wishes as of access thereto of either parent, having regard to the welfare of
well of the mother as of' the father, and may alter, vary, or discharge such order 011 the application of either pnrcnt, or, after the death of either parcnt, of any guardian under this Act, and in every case may make such order respecting the costs of the mother and the liability of the father for the same, or otherwise as to costs, as it may
think just.

The Court may, in their discretion, on beirrg satisficd that it is for the welfare of thc infant, remove from his office any testa- mentary guardian, or any guardian appointed or acting by virtue of this Act, and may also, if they shall deem it to be for the welfare of the infant, appoint another guardian in place of the guardian so

8,

Power to Court to

guardian.

removed. +

court may order trus- 9, Where any guardian, trustee, executor, or person acting in a

tees, &C., to pay

maintanance to

fiduciary capacity shall, under any will, gift, or settlement, or other-

wise

50' & 51" VICTORIE, No. 400.

-

The Guardiansh@ of Infants Act.-1887.

wise by law he possessed of any fund for the maintenance and edu- of cuatodr.

mothers during period

cation of any infant, or any fund a portion of which may by law be applied to such maintenance and education, and the Court shall order the infant to be delivered to, or to remain in the custody of the mother, i t shall be lawful for the Court also to order such guardian, trustee, executor, curator, or person acting in a fiduciary capacity, to pay to the mother from time to time during the continuance of such custody, for the purpose of the maintenance and education of such infant, such portion of such fund, not exceeding the portion lawfully applicable to such maintenance and education, as the court may deem proper: Provided always that on proof that any money so paid for the purpose of such maintenance and education has been misapplied, it shall be lawful for such Court to rescind, alter, or vary any order made as aforesaid.

between the father and mother of an infant or infants shall be held father and mother. 10. No agreement contained in any separation deed made it; ~; $ e ~; ~ -

to be invalid by reason only of its providing that the father of such

infant or infants shall give up the custody or control thereof to the mother, provided always that no such agreement shall be enforced if the Court shall be of opinion that it will not be for the benefit of

the infant or infants to give effect thereto.

11, In any casc where a decree for judicial separation, or a decree Guadianfihip in of divorce or judicial

either nisi or absolute for divorce shall be pronounced, the Court separation.	-
pronouncing such decree may thereby declare thc parent by reason of whosc misconduct such decree is made, to be c2 person unfit to have the custody of thc childrcn, if any, of the marriage, and in such case the parent so rleclared to be unfit shall not upon the death of the other parent be entitled as of right to tlie custody or guardianship of such children.

12. Piothing in this Act contained shall restrict or affect the P, " @ ? ~ ~ c ? ~ i s t i n ~

jurisdiction of the Supreme Court to appoint or remove guardians,	or shall affect the ewrcisc of any jurisdiction, power, or discretion
vested in the Supreme Court, or any Judge thereof, undcr the ''Matrimonial Causes Act, 1867," or any Act which ma.y be passed to extend or amend the samc.

13. In the construction of this Act the expression the Court" lnte~retstiOn.

shall mean the Supreme Court, or any Judge thereof, or% the Local

Coart of Full Jurisdiction nearest to the residence of the infant.

14. Rdes for ~,cgulsting the practice, forms, and procedure in Rules shall be made.

any proceedings under t h ~ s	Act shall be made by ~ h c	Judges of the
Supreme Court,

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

Adelaide : By authority, E. SPILLEB, Government Printer, Northdmace.