MARRIAGE ACT 1958 - SECT 135 Rights of surviving parent as to guardianship

MARRIAGE ACT 1958 - SECT 135

S. 135(1) amended by No. 59/1997

s. 8(d)(i).

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

S. 135(2) amended by No. 59/1997

s. 8(d)(ii).

    (2)     On the death of the mother of a minor the father, if surviving, shall, subject to the provisions of this Part, be guardian of the minor, either alone or jointly with any guardian appointed by the mother.

    (3)     The father of a minor may by deed or will appoint any person to be guardian of the minor after his death.

    (4)     The mother of a minor may by deed or will appoint any person to be guardian of the minor after her death.

    (5)     Any guardian so appointed by the father or the mother shall act jointly with the mother or father, as the case may be, of the minor so long as the mother or father remains alive unless the mother or father objects to his so acting.

S. 135(6) repealed by No. 59/1997

s. 8(d)(iii).

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    (7)     Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly.

S. 135(8)(9) repealed by No. 59/1997

s. 8(d)(iii).

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S. 136 repealed by No. 8602 s. 12.

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S. 137 repealed by No. 9407 s. 5(a).

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No. 3726 s 141.

S. 138 amended by Nos 9075 s. 5(1), 59/1997

s. 8(e).