Gary's Case Of The Guardianship Of Infants Act

1. In relation to Gary’s child, Zoe, as she was born outside of marriage, only Jayne has automatic rights to guardianship of Zoe. This applies even if Gary’s name is on Zoe’s birth certificate, Gary still does not have any guardianship rights in relation to Zoe. Gary’s position as an unmarried father is not certain. Gary has a ‘defeasible right’ to apply to the court to be appointed guardian, under section 6A of the Guardianship of Infants Act, 1964, as inserted by Status of Children Act, 1987. Gary could apply for joint- custody, if Jayne would agree. This would mean they would both have to sign a ‘statutory declaration’; this must be signed with a Peace Commissioner or Commissioner for Oaths present. This ‘Statutory Declaration’ declares the names of both the mother and father of the child, that they are not married and they agree the father should be appointed as a joint guardian. It also declares the agreement of custody arrangements and access that the mother and father have made. If Jayne does not agree to sign this declaration or does not want Gary to be appointed as a joint guardian, Gary must then apply to the court to gain joint guardianship. Gary does not need legal representation for this; he can make this application on his own behalf. Gary can directly apply to the District Court
In Gary’s case, he would first apply to the District Court for access. This would mean Gary’s children would not live with him, but he would have contact with Zoe and Josh, in agreement with both mothers. It is clear that an agreement for access cannot be made informally with either parent therefore Gary should apply to the court. The Children Act, 1997 gives Gary the right to apply to the District Court for permission to apply for access. Once he is granted permission to apply for access by the court he can then go on in the process of getting access. Being granted permission does not mean that access has been granted. Gary can also apply for custody for both