Under section 2 of the Guardianship of Infants Act 1964, as inserted by section 4 of the Children Act 1997, an unmarried father may become a guardian of his child by means of a statutory declaration made jointly with the mother. Such declarations are retained by or on behalf of the parents: there is no provision for their lodgement or registration. Accordingly, I have no information on the number of persons making declarations.
Under section 6A of the Guardianship of Infants Act 1964, as inserted by section 12 of the Status of Children Act 1987, an unmarried farther may apply to the court to be appointed a guardian of his child. In determining whether an unmarried father should be so appointed, the court has to regard the welfare of the child as the first and paramount consideration. The vast majority of section 6A applications are made at District Court level. According to the annual report of the Courts Service, in 2001, 785 such applications were granted by the District Court, 37 were refused and 194 were withdrawn or struck out. The corresponding figures for 2000 were 763, 41 and 205.
The balance struck in the existing legislation is a good one in that it provides that an unmarried father can become the guardian of his child by agreement with the mother or by obtaining a court order and, in making such an order, the court is required to regard the child's welfare as the first and paramount consideration. Subject to the welfare consideration, children should have the benefit of a family life which involves both parents and that it is highly desirable that unmarried fathers should, as the Deputy says, play an active role in their child's life.
