Section 5
Equality of parental rights
of Guardianship of Infants Act 1961
(1)
In relation to 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 of any such property, a mother shall have the same rights and authority as the law allows to a father, and the rights and authority of mother and father shall be equal.
(2)
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.
Rights of surviving parent as to guardianship 6.
On the death of a parent of an infant, the surviving parent, if any, shall, subject to this Act, be guardian to the infant either alone or jointly with any guardian appointed by the deceased parent, and—
(a)
if no guardian has been appointed by the deceased parent;
or
(b)
in the event of the death or refusal to act of the guardian or guardians appointed by the deceased parent, the Court may, if it thinks fit, appoint a guardian to act jointly with the surviving parent.