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Guardianship intends to serve as a safeguard to protect the ward. [4] Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. [1] In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. [2]
Another more practical drawback is the conservative nature of the law. Even if use of a sworn statement is fully authorized, another individual to the transaction, such as a party to a business transaction or another person's attorney, may be unacquainted with the form and refuse to accept it in lieu of a notarized affidavit.
The view of children as servants to their fathers and economic assets began to change in the nineteenth century. Children were seen to have interests of their own that were often associated with the care of a nurturing mother. The women's movement of the time also fought for women's right to child custody in their campaign. [39]
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
In addition, parents have an obligation to provide financial support for their children under the Family Law (Scotland) Act 1985 (c 37) and the Child Support Act 1991 (c 38). In certain circumstances, this obligation continues when the child in question is beyond the age at which the parents have parental responsibilities under section 1 of the ...
The Guardianship of Infants Act of 1964 was an Act of the Parliament of the Republic of Ireland. It was signed into law on 25 March 1964. [1] [2] This Act governs the law relating to guardianship and custody of children in the Republic of Ireland. The Act consists of three parts; Part I: Preliminary and General (Section 1–4), Part II ...
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