5 Appointment of guardians

5  Appointment of guardians

(1)     Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child's guardian if—

(a)     the child has no parent with parental responsibility for him; or

(b)     a [parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and] has died while the order was in force[; or

(c)     paragraph (b) does not apply, and the child's only or last surviving special guardian dies].

(2)     The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.

(3)     A parent who has parental responsibility

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