Section 21 — Care of Children Act 2004: Who may appoint additional guardian under section 23

21 Who may appoint additional guardian under section 23 (1) In this section, appointment means an appointment of an eligible spouse or partner of a parent as an additional guardian of a child under section 23 . (2) If both parents of the child are guardians of the child, the appointment must be made by both of them. (3) If the mother of the child is the sole guardian of the child just because of section 17(2) or (3) , the appointment must be made by the mother and the father of the child. (4) If a parent of the child is the sole guardian of the child because the other parent of the child is dead, or because of the application of Part 2 of the Status of Children Act 1969 , the appointment must be made by the parent. (5) If, before dying, a parent of the child appointed a testamentary guardian of the child under section 26(1) , and the other parent of the child is alive and is a guardian of the child jointly with the testamentary guardian, the appointment must be made by the surviving parent and the testamentary guardian. Subsection (1) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by substituting the words “ spouse or partner of a parent ” for the words “ partner of a parent ” .