Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694571612220.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Guardianship of Infants (CAP.

197 1 CHAPTER 197 T H E GUARDIANSHIP OF INFANTS ACT Arrangement of Sections Section 1.

Short title.

2.

Interpretation.

3.

Principle on which question relating to custody, upbringing, &c., of infants are to be decided.

4.

Equal right of mother to apply to Court.

5.

Custody and maintenance of infants.

6.

Rights of surviving parent as to guardianship.

7.

Power of father and mother to appoint testamentary guardians.

8.
8.

Disputes between joint guardians.

9.

Enforcement of orders for payment of money.

10.

Powers of guardian under this Act.

11.

Mother may apply to Court for order as to custody of infant.

12.

Court may remove guardian.

13.

Guardianship in case of divorce or judicial separation.

14.

Rules as to procedure.

15.

Saving.

LAWS OF ANTIGUA AND BARBUDA Guardianship of Infants (CAP.

197 3 GUARDIANSHIP OF INFANTS (5th March, 1887.)

511887.

911949.

S.R.0.2211956.

1.


This Act may be cited as the Guardianship of short title.

Infants Act.

2.

In this Act, "the Court" means the High Court.

Interpretation.

which question 3.


Where in any proceeding before any Court the Principle on custody or upbringing of an infant, or the administration relating to of any property belonging to or held on trust for an infant, custody, or the application of the income thereof, is in question, the of infants a, Court, in deciding that question, shall regard the welfare be decided.
of the infant as the first and paramount consideration, and shall not take into consideration whether from any other point of view the claim of the father, or any right at common law possessed by the father, in respect of such custody, upbring- ing, administration or application is superior to that of the mother, or the claim of the mother is superior to that of the father.

upbringing, &c., to 4.


The mother of an infant shall have the like powers ~ ~ to apply to the Court in respect of any matter affecting the to court.

infant as are possessed by the father.

~ ; ~ ~ ~ h : ; ~ ~ ~ 5 .

(1) The power of the Court under section 11 to custody and maintenance of make an order as to the custody of an infant and the right infants.

of access thereto may be exercised notwithstanding that the mother of the infant is then residing with the father of the infant.
(2) Where the Court under the said section makes an order giving the custody of the infant to the mother, then, whether or not the mother is then residing with the father, the Court may further order that the father shall pay to the mother towards the maintenance of the infant such weekly or other periodical sum as the Court, having regard to the means of the father, may think reasonable.

4 CAP.

197) LAWS OF ANTIGUA AND BARBUDA Guardianship of Infants Rights of surviving parent as to guardianship.
(3) No such order, whether for custody or maintenance, shall be enforceable and no liability thereunder shall accrue while the mother resides with the father, and any such order shall cease to have effect if for a ~ e r i o d of three months after it is made the mother of the infant continues to reside with the father.

(4) Any order so made may, on the application either of the father or the mother of the infant, be varied or discharged by a subsequent order.

6.
6.

(1) On the death of the father of an infant, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the infant, either alone or jointly with any guardian appointed by the father.

When no guardian has been appointed by the father or if the guardian or guard- ians appointed by the father is or are dead or refuses or refuse to act, the Court may if it thinks fit appoint a guardian to act jointly with the mother.
(2) O n the death of the mother of an infant, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the infant, either alone or jointly with any guard- ian appointed by the mother.

When no guardian has been appointed by the mother or if the guardian or guardians appointed by the mother is or are dead or refuses or refuse to act, the Court may if it thinks fit appoint a guardian to act jointly with the father.

Power of father and mother to appoint testamentary guardians.
7.

(1) The father of an infant may by deed or will appoint any person to be guardian of the infant after his death.

(2) The mother of an infant may by deed or will appoint any person to be guardian of the infant after her death.

(3) Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the infant so long as the mother or father remains alive unless the mother or father objects to his so acting.
(4) If the mother or father so objects, or if the guard- ian so appointed as aforesaid considers that the mother or LAWS OF ANTIGUA AND BARBUDA Guardianship of Infants (CAP.
197 5 father is unfit to have the custody of the infant, the guard- ian may apply to the Court, and the Court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the infant, and in the latter case may make such order regarding the custody of the infant and the right of access thereto of its mother or father as, having regard to the welfare of the infant, the Court may think fit, and may further order that the mother or father shall pay to the guardian towards the maintenance of the infant such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may con- sider reasonable.
(5) Where guardians are appointed by both parents the guardians so appointed shall after the death of the sur- viving parent act jointly.

(6) If under the preceding section a guardian has been appointed by the Court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.

8.
8.

Where two or more persons act as joint guardians Disputes between joint guardians.

of an infant and they are unable to agree on any question affecting the welfare of the infant, any of them may apply to the Court for its direction, and the Court may make such order regarding the matters in difference as it may think proper.

9.
9.

(1) Any person for the time being under an obliga- Enforcement of orders for tion to make payments in pursuance of any order for the payment ,,f payment of money under this Act, shall give notice of any money.

change of address to such person (if any) as may be specified in the order, and any person failing without reasonable excuse to give such notice shall be liable on summary conviction to a fine not exceeding one hundred dollars.
(2) Where the Court has made any such order, the Court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where 6 CAP.
197) Guardianship of Infants LAWS OF ANTIGUA AND BARBUDA there is any pension or income payable to the person against whom the order is made and capable of being attached, after giving the person by whom the pension or income is payable a n opportunity of being heard, to order that such part as the Court may think fit of any such pension or income be attached and paid to the person named by the Court, and such further order shall be an authority to the person by whom such pension o r income is payable to make the pay- ment so ordered, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the person by whom the pension or income is payable.
10.

Every guardian in Antigua and Barbuda under this Act shall have all such powers over the estate and the person, or over the estate (as the case may be), of a n infant as any guardian appointed by will or otherwise now has in England under the Act twelve Charles the Second, chapter twenty-four.

Powers of guardian under t h ~ s A C ~ .

1 .

The Court may, upon the application of the Mother may apply to Court for order as to mother of any infant (who may apply without next friend), custody of infant.
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 con- duct 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.
Court may remove guardian.

12.

The Court may, in its 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 it shall deem it to be for the welfare of the infant, appoint another guardian in place of the guardian so removed.

Guardianship in case of divorce or iudicial separation.

13.
13.

In any case where a decree for judicial separa- tion, or a decree either nisi or absolute for divorce, shall be pronounced, the Court pronouncing such decree may thereby declare the parent by reason of whose misconduct such decree is made to be a person unfit to have the custody LAWS OF ANTIGUA AND BARBUDA Guardianship of Infants (CAP.
197 7 of the children (if any) of the marriage; and in such case, the parent so declared to be unfit shall not, upon the death of the other parent, be entitled as of right to the custody or guardianship of such children.

14.

Rules for regulating the practice and procedure ;;:~:d","~:" in any proceedings under this Act, and the forms in such proceedings, may be made in the same manner as rules of the Supreme Court may be made.

15.

Nothing in this Act contained shall restrict or Saving.
affect the jurisdiction of the Court to appoint or remove guardians in respect of infants.