Guardianship of Infants Act
Jurisdiction | Singapore |
Coming into Force | 30 March 1987 |
Act Number | (Original Enactment: Ordinance 11 of 1934) |
Enactment Date | 01 January 1935 |
Record Number | Cap. 122 |
Published date | 30 March 1987 |
Guardianship of Infants Act |
(CHAPTER 122) |
(Original Enactment: Ordinance 11 of 1934)
REVISED EDITION 1985 |
(30th March 1987) |
An Act relating to the guardianship of infants. |
[1st January 1935] |
Short title |
1. This Act may be cited as the Guardianship of Infants Act. |
Interpretation |
2. In this Act, unless the context otherwise requires, “court” means the High Court or a Family Court. [Act 27 of 2014 wef 01/10/2014]
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Welfare of infant to be paramount consideration |
3. Where in any proceedings before any court the custody or upbringing of an infant or the administration of any property belonging to or held in trust for an infant or the application of the income thereof is in question, the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration and save in so far as such welfare otherwise requires the father of an infant shall not be deemed to have any right superior to that of the mother in respect of such custody, administration or application nor shall the mother be deemed to have any claim superior to that of the father. |
Equal right of mother to apply to court |
4. The mother of an infant shall have the like powers of applying to the court in respect of any matter affecting the infant as are possessed by the father. |
Power of court to make, discharge or amend orders for custody and maintenance of infants |
5. The court may, upon the application of either parent or of any guardian appointed under this Act, make orders as it may think fit regarding the custody of such infant, the right of access thereto and the payment of any sum towards the maintenance of the infant and may alter, vary or discharge such order on the application of either parent or of any guardian appointed under this Act. |
Rights of surviving parent as to guardianship |
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 guardians 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.
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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.
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Dispute between joint guardians |
8. Where two or more persons act as 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 including power —
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Enforcement of orders for payment of money |
9.—(1) When the court has made any order under this Act for payment of money, the court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where there is any pension or income payable to the person against whom the order was made and capable of being attached, after giving the person by whom the pension or income is payable an 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 persons named by the court and such further order shall be an authority to the person by whom such pension or income is payable to make the payment 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.
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Removal of guardian |
10. The court may remove from his guardianship any guardian, and may appoint another guardian in his place. [Act 27 of 2014 wef 01/10/2014]
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Matters to be considered |
11. The court, in exercising the powers conferred by this Act, shall have regard primarily to the welfare of the infant, and shall, where the infant has a parent or parents, consider the wishes of such parent or both of them, as the case may be. [Act 27 of 2014 wef 01/10/2014]
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Court to have regard to advice of welfare officers, etc. |
11A. When considering any question relating to the custody of any child, the court shall, whenever it is practicable, have regard to the advice of a person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice. [2/2011 wef 01/06/2011]
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Variation of trusts for maintenance of infant |
12. Where an infant is by an order of any court made under this Act removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the infant, the court may order the whole or any part of the sum so payable under the trust to be paid to the person to whose care the infant is committed, to be applied by that person for the benefit of the infant in such manner as, having regard to the terms of the trust, the court may direct. |
Production of infant |
13. The court may, for the purpose of any application under this Act —
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Placing infant in custody of guardian |
14. Where an infant leaves, or is removed from, the custody of his lawful guardian, the court may order that he be returned to such custody, and for the purposes of enforcing such order, may direct the bailiff to seize the person of the infant and deliver him into the custody of his lawful guardian. [Act 27 of 2014 wef 01/10/2014]
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Security to be given |
15.—(1) Where a person appointed by the court is the guardian of an infant’s property, he shall unless the court otherwise orders, give security in such sum as may be appointed for the due performance of his duties as such guardian. [Act 27 of 2014 wef 01/10/2014]
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Limitation of guardian’s powers |
16.—(1) A guardian of the property of an infant shall not, without the leave of the court —
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