You need more information?
Let us find the right lawyers for you
The Children's Act 2022 defines a guardian as a person appointed, through a will or deed, by a child's parent or through an order of the Court to assume parental responsibility over a child. A guardian can act alone or jointly with the child's surviving parent.
When the guardian appointed by a deceased parent is no longer able to fulfill their duties, the court steps in to ensure the child's welfare is protected.
A court of law has the power to appoint a guardian upon application made by any person by customs, culture, or tradition of a specific community in the prescribed manner where: -
A child's parents are deceased and untraceable, and the child has no guardian or other person exercising parental responsibility over the child.
The child has been neglected by the person or parent responsible for their daily care.
An application for guardianship is filed using the originating summons and a supporting affidavit sworn by the applicant.
Various documents are to be attached to the application, and they include:
Upon filing the abovementioned application, a court of law will direct a children's officer to visit the applicant's home and present their findings to the Court. Then, the Court will set the application for hearing.
Generally, guardianship ends when a child turns 18; however, the guardian can seek an extension of guardianship under exceptional circumstances, such as when the child suffers from a mental or physical disability or from an illness that will render him incapable of maintaining himself.
It's important to note that the person who appointed a guardian has the right to revoke it, a process that involves the presence of two witnesses and the two guardians.
Guardianship may be terminated by a court order on an application made by: -
The information provided in this article is for informational purposes only and does not constitute legal advice. Readers should seek legal counsel before engaging in any transactions or activities. Additionally, the content of this article does not establish an advocate-client relationship between any reader and any individuals or entities associated with the publication.
Let us find the right lawyers for you