Can guardians be validly appointed where the parents have separated?
Where the Family Court has awarded custody to one parent and that parent subsequently dies, the surviving parent has no automatic right to custody of the child. The surviving parent can make an application for guardianship and custody, as can any person who has the care and control of the child at the time. If the deceased custodial parent had appointed a guardian under the will, that guardian will have the right of custody over the surviving parent – subject to the exercise of the court’s power to appoint an alternate guardian.
