Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The father of an infant may by deed or will appoint any person to be guardian of the infant after his death.
(2) The mother of an infant may by deed or will appoint any person to be guardian of the infant after her death.
(3) Any guardian so appointed shall act jointly with the surviving parent of the infant so long as the surviving parent remains alive unless the surviving parent objects to his so acting.
(4) If the surviving parent so objects, or if the guardian so appointed as aforesaid considers that the surviving parent is unfit to have the custody of the infant, the guardian may apply to the court for an order as to the custody of the infant.
(5) Upon such an application the court may:
(a) refuse to make any order (in which case the mother or father shall remain sole guardian);
(b) make an order that the guardian so appointed shall act jointly with the surviving parent; or
(c) make an order that the guardian so appointed shall be sole guardian of the infant.
(6) Where an order is made under paragraph (c) of subsection (5) the court may make such order:
(a) as to the right of access of the surviving parent as, having regard to the welfare of the infant, the court may think fit; and
(b) as to payment by the surviving parent to the guardian towards the maintenance of the infant of such weekly or other periodical sum as, having regard to the means of the surviving parent, the court may consider reasonable.
(7) The court may vary or discharge an order made under subsection (6).
(8) Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly.
(9) If a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent.