Guardianship and custody rights in Bangladesh are regulated by the Guardians and Wards Act of 1890 for the most part.
Generally, a father is a natural guardian of his minor children. So the father is in charge of the children even if the children reside with their mother. However, matter of guardianship and custody is different in nature. When a couple gets divorce, the dispute of guardianship and custody arise.
RIGHT OF THE MOTHER:
A mother is entitled to get the custody of her male child till his seven years age and of her female child till she (female child) attains puberty. Nevertheless, this right gets disrupted if the mother decides to marry again.
GROUNDS OF APPOINTING A GUARDIAN:
The Court shall consider grounds in appointing or declaring the guardian of a minor which are as follows:
- Welfare of the minor
- Nationality (Only Bangladeshi)
- Age, sex and religion of the minor,
- The character and capacity of the proposed guardian and his nearness of kin to the minor,
- The wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property,
- Preference of the minor if he/she is old enough to form an intelligent preference.
The Court shall not appoint or declare any person to be a guardian against his will.
Replacement of the Appointed Guardian:
Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian instead of him shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of the Guardians and Wards Act of 1890.
RIGHT OF FEMALE RELATIONS IN DEFAULT OF MOTHER:
In default of the mother, the custody of a male child under the age of seven years, and of a female child who has not attained puberty, belongs to the female relatives who are as follows:
- Mother’s mother, how highsoever;
- Father’s mother, how highsoever;
- Full sister;
- Uterine sister;
- Consanguine sister;
- Full sister’s daughter;
- Uterine sister’s daughter;
- Consanguine sister’s daughter;
- Maternal aunt;
- Paternal aunt.
APPOINTMENT OF SEVERAL GUARDIANS:
- The Court may appoint two or more joint guardians of a minor’s person or property if it thinks fit.
- Separate guardians may be appointed for the person and of the property of a minor.
- If a minor has several properties, the Court may appoint a separate guardian for any one or more of the properties if it thinks fit.
LEGAL GUARDIANS OF PROPERTY:
The guardians of the property of a minor can be-
- The father;
- The executor appointed by the father’s will;
- The father’s father;
- The executor appointed by the will of the father’s father.
PROHIBITIONS TO APPOINT GUARDIAN BY THE COURT:
The Court is prohibited to appoint or declare a guardian of the property of a minor, if he/she is–
- A married female whose husband is not unfit to be guardian of her person, or
- A father who is living and is not unfit to be guardian of the person of the minor, or
- A property owner which is under the superintendence of a Court of Wards competent to appoint a guardian of the person of the minor.
Legal Advice regarding Guardianship and Custody by CLP:
Whether you need assistance determining your right of guardianship and custody or you need representation to ensure your legal rights are protected while you participate for guardianship and custody rights, the Barristers, Advocates, and lawyers at CLP are highly experienced. In addition to handling various issues related to the said matter amongst domestic clients on a regular basis; it also has experience at consulting and assisting numerous international clients. For queries or legal assistance, please reach us at:
E-mail: [email protected]
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.