Guardianship of infants act, 1964

• Enactment Date: 25 March 1964
• Act Number: 7

Number 7 of 1964.
GUARDIANSHIP OF INFANTS ACT, 1964
ARRANGEMENT OF SECTIONS
Part I
Preliminary and General
Section 1. Short title. 2. Definitions. 3. Welfare of infant to be paramount. 4. Repeals.
Part II
Guardianship
5. Jurisdiction in guardianship matters. 6. Rights of parents to guardianship. 7. Power of father and mother to appoint testamentary guardians. 8. Appointment and removal of guardians by court. 9. Provisions where two or more guardians appointed. 10. Powers and duties of guardians. 11. Applications to court. 12. Variation and discharge of court orders.
Part III
Enforcement of Right of Custody
13. Definitions for Part III. 14. Power of court as to production of infant. 15. Power to court to order repayment of costs of bringing up infant. 16. Court in making order to have regard to conduct of parent. 17. Power of court as to infant's religious education. 18. Custody where parents are separated.
SCHEDULE
Acts Referred to Adoption Act, 1952 1952, No. 25. Courts (Supplemental Provisions) Act, 1961 1961, No. 39. Guardianship of Infants Act, 1886 1886, c. 27. Wills Act, 1837 1837, c. 26. Health Act, 1947 1947, No. 28. Health Authorities Act, 1960 1960, No. 9. Health Act, 1953 1953, No. 26.
Number 7 of 1964.
GUARDIANSHIP OF INFANTS ACT, 1964
AN ACT TO CONSOLIDATE WITH AMENDMENTS THE ENACTMENTS RELATING TO THE CUSTODY AND GUARDIANSHIP OF INFANTS. [25th March, 1964.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Guardianship of Infants Act, 1964.
	Definitions.	2.—In this Act, except where the context otherwise requires—
	“adoption order” means an adoption order made under the Adoption Act, 1952 , and for the time being in force;
	“father” includes a male adopter under an adoption order but does not include the natural father of an illegitimate infant;
	“illegitimate infant” does not include any infant adopted under an adoption order;
	“infant” means a person under twenty-one years of age;
	“maintenance” includes education;
	“mother” includes a female adopter under an adoption order;
	“parent” means a father or mother as defined by this section;
	“testamentary guardian” means a guardian appointed by deed or will;
	“welfare”, in relation to an infant, comprises the religious and moral, intellectual, physical and social welfare of the infant.
	Welfare of infant to be paramount.	3.—Where in any proceedings before any court the custody, guardianship or upbringing of an infant, or the administration of any property belonging to or held on trust for an infant, or the application of the income thereof, is in question, the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration.
	Repeals.	4.—Each enactment specified in the Schedule is hereby repealed to the extent indicated in the third column of the Schedule.
PART II Guardianship
	Jurisdiction in guardianship matters.	5.—(1) The jurisdiction conferred on a court by this Part may be exercised by the High Court or, subject to section 22 of the Courts (Supplemental Provisions) Act, 1961 , by the Circuit Court.
	(2) Accordingly, a reference to this Part shall be substituted at reference number 45 in the Fourth Schedule to the said Act for the reference to the Guardianship of Infants Act, 1886 (repealed by this Act).
	(3) The jurisdiction conferred by this Part is in addition to any other jurisdiction to appoint or remove guardians or as to the wardship of infants or the care of infants' estates.
	Rights of parents to guardianship.	6.—(1) The father and mother of an infant shall be guardians of the infant jointly.
	(2) On the death of the father of an infant the mother, if surviving, shall be guardian of the infant, either alone or jointly with any guardian appointed by the father or by the court.
	(3) On the death of the mother of an infant the father, if surviving, shall be guardian of the infant, either alone or jointly with any guardian appointed by the mother or by the court.
	(4) The mother of an illegitimate infant shall be guardian of the infant.
	Power of father and mother to appoint testamentary guardians.	7.—(1) The father of an infant may by deed or will appoint a person or persons to be guardian or guardians of the infant after his death.
	(2) The mother of an infant may by deed or will appoint a person or persons to be guardian or guardians of the infant after her death.
	(3) A testamentary guardian shall act jointly with the surviving parent of the infant so long as the surviving parent remains alive unless the surviving parent objects to his so acting.
	(4) If the surviving parent so objects or if a testamentary guardian considers that the surviving parent is unfit to have the custody of the infant, the testamentary guardian may apply to the court for an order under this section.
	(5) The court may—
	(a) refuse to make an order (in which case the surviving parent shall remain sole guardian), or
	(b) make an order that the testamentary guardian shall act jointly with the surviving parent, or
	(c) make an order that he shall act as guardian of the infant to the exclusion, so far as the court thinks proper, of the surviving parent.
	(6) In the case mentioned in paragraph (c) of subsection (5) the court may make such order regarding the custody of the infant and the right of access to the infant of the surviving parent as the court thinks proper, and the court may further order that the surviving parent shall pay to the guardian or guardians, or any of them, towards the maintenance of the infant such weekly or other periodical sum as, having regard to the means of the surviving parent, the court considers reasonable.
	(7) A person under the age of twenty-one years shall be entitled to appoint guardians by will notwithstanding section 7 of the Wills Act, 1837.
	(8) An appointment of a guardian by deed may be revoked by a subsequent deed or by will.
	Appointment and removal of guardians by court.	8.—(1) Where an infant has no guardian, the court, on the application of any person or persons, may appoint the applicant or applicants or any of them to be the guardian or guardians of the infant.
	(2) When no guardian has been appointed by a deceased parent or if a guardian so appointed dies or refuses to act, the court may appoint a guardian or guardians to act jointly with the surviving parent.
	(3) A guardian appointed by the court to act jointly with a surviving parent shall continue to act as guardian after the death of the surviving parent.
	(4) The court may remove from office any guardian appointed by will or deed or order of court.
	(5) The court may appoint another guardian in place of a guardian so removed or in place of a guardian appointed by any such order who dies.
	Provisions where two or more guardians appointed.	9.—(1) Where two or more persons are appointed to be guardians they shall act jointly and on the death of any of them the survivor or survivors shall continue to act.
	(2) Where guardians are appointed by both parents the guardians so appointed shall after the death of the surviving parent act jointly.
	Powers and duties of guardians.	10.—(1) Every guardian under this Act shall be a guardian of the person and of the estate of the infant unless, in the case of a guardian appointed by deed, will or order of the court, the terms of his appointment otherwise provide.
	(2) Subject to the terms of any such deed, will or order, a guardian under this Act—
	(a) as guardian of the person, shall, as against every person not being, jointly with him, a guardian of the person, be entitled...