Acts and Regulations

G-8 - Guardianship of Children Act

Table of contents
Full text
Repealed on 1 September 2011
CHAPTER G-8
Guardianship of Children Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act,
“child” means a child domiciled or resident in the Province, whether born before or after this Act comes into force, and includes a child whose father and mother are not married to one another;(enfant)
“parent” does not include the father of a child whose father and mother are not married to one another.(parent)
1973, c.11, s.1
Power of parents to appoint guardian
2(1)Subject to section 3, the parents of a child are joint guardians of the child and may jointly appoint in writing another person or persons to be guardian or guardians of their child.
2(2)An appointment made under subsection (1) may be revoked by either parent and is revoked by an appointment made under section 4, but unless revoked the appointment continues notwithstanding the death of either or both parents.
1973, c.11, s.2
Effect of death of or abandonment by parent
3(1)A parent has no status as a guardian under this Act and no power to appoint a guardian if he is living separate and apart from the other parent by reason of divorce or otherwise and has by his conduct displayed an intention to abandon the child.
3(2)Where a parent of a child has custody of the child, either de facto or by an order of a court of competent jurisdiction, and the other parent, if any,
(a) is deceased, or
(b) is deprived of his status as a guardian and his power to appoint a guardian under this Act by subsection (1),
he is guardian of the child, either solely or jointly with a guardian appointed by the deceased parent, and may appoint in writing another person or persons to be guardian or guardians of the child, or to act jointly with a guardian previously appointed by the deceased parent under section 4.
3(3)An appointment made under subsection (2) may be revoked at any time and is revoked by an appointment made under section 4, but unless revoked the appointment continues notwithstanding the death of the parent.
1973, c.11, s.3
Testamentary appointment of guardian
4(1)A parent who, immediately before his death, is by virtue of section 2 entitled to appoint a guardian or guardians jointly with the other parent, may in his Last Will and Testament appoint a guardian to act
(a) jointly with the other parent,
(b) upon the death of the other parent, or
(c) jointly with another guardian appointed by the other parent,
but the appointment, notwithstanding section 5, shall not affect the paramount right of the surviving parent to the custody of the child.
4(2)Subject to the right of the other parent to apply for custody, a parent who, immediately before his death, is by virtue of section 3 entitled to appoint a guardian or to revoke such an appointment, may in his Last Will and Testament appoint a person or persons to be guardian or guardians of his child.
1973, c.11, s.4
Powers and duties of guardian
5Except as limited by the terms of his appointment, a guardian established or appointed under this Act
(a) has, subject to an order of custody issued by a court of competent jurisdiction, the right to the custody of the child and to control his education and upbringing, and
(b) shall exercise care and management of all property belonging to or intended for the use and benefit of the child that is not otherwise held in trust for his benefit, but a guardian established or appointed under this Act has no power to sell, convey or encumber such property except as authorized by The Court of Queen’s Bench of New Brunswick or any judge thereof,
and where guardians are to act jointly or a guardian is to act jointly with a surviving parent, the rights and duties conferred by this section shall, subject to the paramount right of the surviving parent to custody of the child, be shared jointly.
1973, c.11, s.5; 1979, c.41, s.58
Powers and duties of guardian
6The rights and duties of a guardian established or appointed under this Act are displaced by the appointment of a guardian under a court order to the extent that the rights and duties of the court appointed guardian conflict with the rights and duties of a guardian established or appointed under this Act.
1973, c.11, s.6; 1987, c.6, s.37
Removal of guardian
7Where a guardian by his conduct or otherwise has accepted his appointment as guardian under this Act, he may apply to The Court of Queen’s Bench of New Brunswick to resign, or may be removed in a like manner as a guardian appointed by that Court.
1973, c.11, s.7; 1979, c.41, s.58
N.B. This Act is consolidated to September 1, 2011.