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GUARDIANSHIP OF INFANTS ACT 1886

GUARDIANSHIP OF INFANTS ACT 1886 - LONG TITLE

An Act to amend the Law relating to the Guardianship and Custody
of Infants.
[25th June 1886]
Preamble rep. by SLR 1898

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 1
Short title.

1. This Act may be cited as the Guardianship of Infants Act, 1886.

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 2
On death of father, mother to be guardian alone or jointly with
others.

2. On the death of the father of an infant, and in case the
father shall have died prior to the passing of this Act then from
and after the passing of this Act, the mother if surviving shall
be the guardian of such infant, either alone when no guardian has
been appointed by the father, 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 shall
think fit, from time to time appoint a guardian or guardians to
act jointly with the mother.

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 3
Mother may appoint guardian, in certain cases.

3.(1) The mother of any infant may by deed or will appoint any
person or persons to be guardian or guardians of such infant after
the death of herself and the father of such infant (if such infant
be then 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 it be shown to the
satisfaction of the court that the father is for any reason
unfitted to be the sole guardian of his children, may confirm the
appointment of such guardian or guardians who shall thereupon be
authorised and empowered so to act as aforesaid, or make such other
order in respect of the guardianship as the court shall think
right.

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

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 4
Powers of guardian.

4. Every guardian in... Ireland under this Act shall have all such
powers over the estate and the person, or over the estate (as the
case may be), of an infant as any guardian appointed by will or
otherwise now has... in Ireland under the Tenures Abolition Act
(Ireland) 1662, or otherwise.

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 5
Court may make orders as to custody.

5. The court may, upon the application of the mother of any infant
(who may apply without next friend), make such order as it may
think fit regarding the custody of such infant and the right of
access thereto of either parent, having regard to the welfare of
the infant, and to the conduct of the parents, and to the wishes
as well of the mother as of the father, and may alter, vary, or
discharge such order on the application of either parent, or, after
the death of either parent, 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.[

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 5A
Custody, etc., of illegitimate children.

5A.(1) Section 5 of this Act shall apply in relation to an infant
who is illegitimate as it applies in relation to an infant who is
legitimate, and the person who is the natural father of an
illegitimate infant may, as well as the mother, apply for an order
in relation to the infant under that section; and the first
reference in that section to the mother, and references to the
father or parent, of an infant shall be construed accordingly.

(2) For the purposes of

(a)section 6 of the Tenures Abolition Act (Ireland) 1662 (power of
father to appoint, by deed or will, a guardian for his infant
child), and

(b)sections 2 and 3 of this Act,

Power to Court to remove guardian.

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 6

6. In ... Ireland the High Court, in any division thereof,... may,
in their discretion, on being satisfied that it is for the welfare
of the infant, remove from his office any testamentary 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 removed.

S.7 rep. by 1978 NI15 art.63(b) sch.5

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 9
Interpretation of terms.

9. In the construction of this Act the expression "the Court" shall
mean

...

In Ireland the High Court or the county court of the district in
which the respondent or respondents or any of them may reside:

...

...

...

As to removing proceedings and appeals.

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 10

10. In ... Ireland when any application has been made under this
Act to a county court the High Court shall, at the instance of
any party to such application, order such application to be removed
to the High Court, and there proceeded with before a judge of the
Chancery Division, on such terms as to costs as it may think
proper.

...

...

S.11 rep. by SLR 1898; 1962 c.30 s.7(9) sch.1 Pt.I; 1978 c.23
s.122(2) sch.7 Pt.I

GUARDIANSHIP OF INFANTS ACT 1886 - SECT 13
Saving clause.

13. Nothing in this Act contained shall restrict or affect the
jurisdiction ... of the High Court in Ireland, or of any division
of the said Courts, ... to appoint or remove guardians, ...