Guardianship Act 1973

10Equality of parental rights

(1)In relation to a pupil or minor, and to the administration of any property belonging to or held in trust for a pupil or minor or the application of income of any such property, a mother shall have the same rights and authority as the law allows to a father (and shall accordingly hold the office of tutor to a pupil or, as the case may be, curator to a minor) and the rights and authority of mother and father shall be equal and be exercisable by either without the other.

(2)An agreement for a man or woman to give up in whole or in part, in relation to any child of his or hers, the rights and authority referred to in subsection (1) above shall be unenforceable, except that an agreement made between husband and wife which is to operate only during their separation while married may, in relation to a child of theirs, provide for either of them to do so; but no such agreement between husband and wife shall be enforced by any court if the court is of the opinion that it will not be for the benefit of the child to give effect to it.

(3)Where a father and mother of a pupil or minor disagree on any question affecting his welfare, either of them may apply to the Court of Session or to any sheriff court, having jurisdiction under the [1886 c. 27.] Guardianship of Infants Act 1886, for the court's direction, and (subject to subsection (4) below) the court may make such order regarding the matters in difference as it may think proper.

(4)Subsection (3) above shall not authorise the court to make any order regarding the custody of a pupil or minor or the right of access to him of his father or mother.

(5)An order under subsection (3) above may be varied or discharged by a subsequent order made on the application of either parent or, after the death of either parent, on the application of any guardian under the Guardianship of Infants Acts 1886 and 1925, or (before or after the death of either parent) on the application of any person having the custody of the pupil or minor; and the power conferred on the court by this subsection may be exercised in proceedings by or against a person residing in England or Wales or Northern Ireland.

(6)Nothing in the foregoing provisions of this section shall affect the operation of any enactment requiring the consent of both parents in a matter affecting a pupil or minor or be taken as applying in relation to a pupil or minor who is illegitimate.

(7)Nothing in the said provisions shall be taken to affect the provisions of the [1960 c. 61.] Mental Health (Scotland) Act 1960 as to the person who is " the nearest relative " for the purposes of that Act.

(8)In the [1925 c. 45.] Guardianship of Infants Act 1925 in section 1 the words " or any right at common law possessed by the father " and section 2 are hereby repealed.