Section 83 Child’s Right Act

Section 83 Child’s Right Act 2003 is about Guardianship of a child. It is under Part IX (Guardianship) of the Act.

(1) The parents of a child shall have guardianship of the child and, in the event of the death of a parent, the surviving parent shall be the guardian of the child.

(2) Where the parents of a child are not fit to be guardians of a child jointly or severally the Court , shall, on application of a member of the family or an appropriate authority appoint a person to be a joint guardian with the parent or parents of the child.

(3) A surviving parent who has guardianship of a child may, by deed, appoint a guardian for the child in the event of the death of that parent.

(4) A single parent may by deed, appoint a person to be the guardian of the child upon the death of that single parent.

(5) Where a guardian is appointed to act jointly with a parent or parents of a child under subsection (2) of this section and the guardian so appointed considers the parents unfit to have the custody of the child, the guardian may apply to the Court, and the Court may make‐
(a) an order that the guardian be the sole guardian of the child; and
(b) such order regarding the custody and right of access of the parents to the child as the Court may think fit, having regard to the welfare of the child.

(6) The Court may under Subsection (2) of this section, order that a parent or parents of a child make a payment to a joint guardian towards the maintenance of the child.