Home' Trinidad and Tobago Guardian : January 23rd 2017 Contents A12 news
guardian.co.tt Monday, January 23, 2017
Fibre glass tubs from
PATIO SWING from
2 X 2FT $280.
3 X 4FT $550.
3 X 6FT $799.
4 X 6FT $995.
5 X 6FT $1,095.
FRENCH STYLE STEEL WINDOWS
4" Glacier Bay
MIXERS also available)
GLASS NOT INCLUDED
- SINGLE BOWL SINGLE
DRAIN FROM $395.
GARDEN METAL BENCHES
Turn left at Solo Compound, #1 ICL Drive, Bhagoutie Trace, San Juan. TEL: 638-4810 or 638-1697
Caribe P-Trap Toilet
All prices are VAT inclusive
SINK & CABINETS
• L.E.D Downlights from $85
• Glass Blocks from $20
• Tiki Torches - 4 for $100
STEEL SECURITY DOORS
6 PANEL STEEL
MDF SOLID CORE
28", 32", 36" x 80"
JACUZZI TUBS 60 X 32
What happens to my
children if I die?
Student, Hugh Wooding Law School
In life there are many uncertain-
ties but the one thing that is inevita-
ble is death. For those with children,
the burden is even heavier as plans
ought to be put in place in the event
of untimely death.
By law a child or "minor" is defined
as a person who is under the age of
18 years: Section 2 of the Family Law
(Guardianship of Minors, Domicile and
Maintenance) Act Chap. 46:08 (FLA)
and the Children's Act No. 12 of 2015.
A guardian refers to any person ap-
pointed by a will or by an order of the
court to have the rights of control and
custody of a child. This person will
make decisions regarding the care and
upbringing of the child and has all the
rights and duties of parents: section
Appointing a guardian by will
The parent(s) of a minor may ap-
point a guardian for their child upon
their death by their will. You can ap-
point more than one person to act as
Where guardians are appointed by
both parents the guardians so appointed
shall, after the death of the surviving
parent, act jointly. See sections 7 and
It is important to note that under
section 48(4) of the Matrimonial Pro-
ceedings and Property Act Chap. 45:51,
where in judicial separation or divorce
proceedings, a court has declared a par-
ent to be unfit, that parent, upon the
death of the other, will not be granted
guardianship or custody of the child.
Failure to appoint a guardian
On the death of one parent, the sur-
viving parent shall be guardian of the
minor either alone or jointly with any
guardian appointed by the deceased
parent. Where a child has no parents
and there are no appointed guardians,
the child becomes a ward of the State,
that is, the State will be his guardian and
the court may appoint a custodian in
whose possession the child will remain.
Applications to the Court
The court, as the supreme guardian of
all children, decides what is in their best
interest, which includes who should be
their guardian, whether it be the bio-
logical parent or an appointed guardian
upon application to the court.
The court's powers allow it to ap-
point a joint guardian along with the
surviving parent where there was none
appointed by the deceased parent, or
the appointed guardian is incapable/
unwilling to carry out their duties as
guardian (Section 7 FLA). In this regard
the court also retains the power to order
that an appointed guardian be removed
and replaced provided this is in the best
interest of the child (Section 10 FLA).
• This column is not legal advice. If you
have a legal problem, you should consult
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