Section 124 of The Children Act CAP 141: Appointment of testamentary guardian
(1) Either parent of a child may, by will or deed, appoint any person to be the guardian of the child after that parent’s death.
(2) The guardian of a child may, by will or deed, appoint another person to act in his or her place as the guardian of the child in the event of such guardian’s death.
(3) Any appointment made under subsection (1) or (2) shall not take effect unless—
(a) in the case of an appointment by deed, the deed is dated and is signed by the person making the appointment in the presence of two competent witnesses;
(b) in the case of appointment made by a written will, the will is made, executed and attested in accordance with the law relating to testamentary instruments.
(4) A guardian appointed under this section shall act jointly with the surviving parent of the child during the life time of the parent, unless the parent objects to the guardian’s appointment.
(5) If the surviving parent objects to such joint guardianship, or if the guardian appointed considers that the parent is unfit to have legal custody of the child, the guardian or parent of the child may apply to the Court, and the Court may—
(a) decline to make an order confirming the testamentary appointment of the guardian, in which case the surviving parent shall be the sole guardian;
(b) make an order directing that the guardian shall act jointly with the surviving parent;
(c) make an order appointing a relative of the child or other person willing to act as guardian of the child, to act jointly with the parent or guardian, or both such parent and guardian; or
(d) make an order that the guardian shall be the sole guardian of the child, in which case it shall clarify issues relating to—
(i) custody of the child and the rights of access by the parent and relatives, having regard to the welfare of the child as it may think fit; and
(ii) payment of a financial provision by the parent towards the maintenance of the child having regard to the means of the parent, as the Court may consider reasonable:
Provided that the Court shall not appoint a person to be sole guardian for the child if he is not a relative of the child, unless exceptional circumstances exist to justify such appointment having regard to the welfare and best interest of the child.
(6) Where guardians are appointed by both parents, the guardians so appointedshall, after the death of the surviving parent, have joint responsibility towards the child.
(7) If a guardian is appointed to act jointly with the surviving parent inaccordance with subsection (5), the guardian shall continue to act as guardian after the death of the parent:
Provided that if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the parent.
(8) Any person, not being a parent of a child, in whose favour an existingcustody or residence order in respect of a child has been made, or to whom the care of a child has been entrusted by virtue of being a fit person under this Act, shall act jointly with the surviving parent of a child or with his guardian:
Provided that the surviving parent or guardian shall be entitled to apply to the Court for an order giving effect to a different arrangement, with regard to the child.
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- Section 125 - Appointment of guardian by the Court
(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in the prescribed form in any of the following...
- Section 126 - Customary guardianship
(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in accordance with the customs, culture or tradition of...
- Section 127 - Extension of appointment of guardian beyond child’s eighteenth birthday
(1) The appointment of a guardian shall expire upon the child attaining the age of eighteen years, unless exceptional circumstances exist that would require a court to make an order that appointment...
- Section 128 - Revocation or disclaimer of appointment
(1) The appointment of a guardian under section 122 revokes any earlier appointment including an agreement made in an unrevoked will or codicil made by the same person in respect of the same child,...
- Section 129 - Dispute between guardians
(1) Where two or more persons acting as joint guardians to a child, or where thesurviving parent and a guardian acting jointly, fail to agree on any matter concerning the welfare of the child, any of...
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- Section 133 - Power of Chief Justice to make Rules
The Chief Justice shall make regulations to give effect to this Part, including rules of procedure directing the manner in which applications may be made under this Part.
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- Section 138 - Discharge of supervision order
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(a) the child with the leave of the Court;
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- Section 140 - Penalty
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- Section 141 - Review, etc., of order
The Court may—
(a) from time to time review, vary, suspend or discharge any order made under this Part; or
(b) revive an order after the order has been suspended or discharged.
- Section 142 - Interpretation
For the purpose of this Part—
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(a) wilfully assaults, ill-treats, abandons, or exposes, in any manner likely to cause the child...
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- Section 164 - Aiding escape, etc.
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- Section 165 - Production of escaped child
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