Previous Laws of Ontario relating to Women and Children (1923) Next

 

GUARDIANSHIP   45

of the infant, but if the infant is of the age of fourteen years no such appointment shall be made without his consent.

The authority of the guardian extends to acting for and on behalf of the infant in the prosecution or defense of any action in the name of the infant, to the charge and management of the real and personal property and the custody of the person and care and education of the infant. The court has very large power and discretion under this Act, and where disputes arise as to the custody of the infant and the right of access thereto of either parent, will have regard to the welfare of the infant and to the conduct of the parents and to the wishes as well of the mother as of the father. The court may also make an order for the maintenance of the infant by payment by the father, or out of any estate to which the infant is entitled.

The Act contains a provision that nothing in the Act is to change the law as to the authority of the father in respect to the religious faith in which his child is to be educated. It must be borne in mind that in law the father had a natural jurisdiction


Previous Laws of Ontario relating to Women and Children (1923) Next