Welfare of Children Ordinance, 2008 - St Helena

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14 Welfare of Children LAWS OF ST. HELENA (7) If a person has care of a child but does not have parental responsibility for him, he may (subject to the provisions of this Ordinance) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare. Parental responsibility of biological parents 11. (1) Where a child‘s biological parents were married to each other at the time of his birth, they shall each have parental responsibility for the child. (2) Where a child‘s biological parents were not married to each other at the time of his birth— (a) (b) the biological mother shall have parental responsibility for the child; the biological father shall not have parental responsibility for the child, unless he acquires it in accordance with the provisions of this Ordinance. Acquisition of parental responsibility by biological father 12. (1) Where a child‘s biological parents were not married to each other at the time of his birth— (a) the biological father acquires parental responsibility for the child upon marrying the biological mother of the child at any time after his birth; (b) the court may, on the application of the biological father, order that he shall have parental responsibility for the child; or (c) the biological parents may by agreement (―a parental responsibility agreement‖) provide for the biological father to have parental responsibility for the child. (2) No parental responsibility agreement shall have effect for the purposes of this Ordinance unless— (a) it is made in the form prescribed by rules of court; and (b) where rules of court are made prescribing the manner in which such agreements shall be recorded, it is recorded in the prescribed manner. (3) Subject to section 23(1), an order under subsection (1) may only be revoked, and a parental responsibility agreement may only be terminated, by an order of the court made on the application— (a) of any person who has parental responsibility for the child, or (b) with the leave of the court, of the child himself. (4) The court shall not grant leave under subsection (3)(b) unless it is satisfied that the child has sufficient understanding to make the proposed application. (5) A parental responsibility agreement continues in force until the child reaches the age of 18, unless it is terminated earlier. Appointment of guardian by Supreme Court Division 2 Guardianship 13. (1) Where an application with respect to a child is made to the Supreme Court by any person, the court may by order appoint that person to be the child‘s guardian if— (a) the child has no parent with parental responsibility for him; or (b) a residence order has been made with respect to the child in favour of a parent or guardian of his who has died while the order was in force. (2) The power conferred by subsection (1) may also be exercised in any family This e-version of the text is not authoritative for use in court.
LAWS OF ST. HELENA Welfare of Children 15 proceedings in the Supreme Court if the Court considers that the order should be made although no application has been made for it. (3) A person appointed guardian of a child under this section has parental responsibility for the child. (4) No guardian of a child may be appointed otherwise than in accordance with this section or section 14. Appointment of guardian by parent, etc. 14. (1) A parent who has parental responsibility for his child may appoint another person to be the child's guardian in the event of his death. (2) A guardian of a child may appoint another person to take his place as the child's guardian in the event of his death. (3) An appointment under this section shall, as far as is practically possible, be made with the consent of the person being appointed and an appointment shall not have effect unless it is made in writing, dated and signed by the person making it or— (a) in the case of an appointment made by a will which is not signed by the testator, it (b) is signed at the direction of the testator; or in any other case, it is signed at the direction of the person making it, in his presence and in the presence of two witnesses who each attest the signature. (4) A person appointed as a child‘s guardian under this section shall have parental responsibility for the child concerned. (5) Where— (a) on the death of a person making an appointment under this section, the child concerned has no parent with parental responsibility for him; or (b) immediately before the death of any person making such an appointment, a residence order in his favour was in force with respect to the child, the appointment takes effect on the death of that person. (6) Where, on the death of any person making an appointment under this section— (a) the child concerned has a parent with parental responsibility for him; and (b) immediately before the death no residence order in favour of that person was in force with respect to the child, the appointment shall take effect when the child no longer has a parent who has parental responsibility for him. (7) A person appointed guardian under this section may disclaim his appointment, but no such disclaimer has effect unless— (a) (b) it is in writing, signed and made within a reasonable time after his first knowing that the appointment has taken effect; and where rules of court prescribe the manner in which such disclaimers are to be recorded, it is recorded in the prescribed manner. (8) Nothing in this section prevents an appointment under this section being made by two or more persons acting jointly. Termination of appointment 15. (1) An appointment of a guardian under section 13 or 14 may be brought to an end at any time by order of the Supreme Court made— (a) on the application of any person who has parental responsibility for the child; or (b) with the leave of the Court, on the application of the child concerned; or (c) in any family proceedings, if the Court considers that it should be brought to an end even though no application has been made. (2) An appointment under section 14 revokes an earlier such appointment (including This e-version of the text is not authoritative for use in court.
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Welfare of Children Ordinance, 2008 - St Helena

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