Custody of Infants Act 1875 No 23a (NSW)

1 . F r o m and after t he passing of th is Ac t it shall be lawful for t he Supreme Cour t in i ts equi table jur isdict ion upon hear ing the pet i t ion by her nex t friend of t h e mo the r of any infant or infants u n d e r sixteen years of age to order t h a t t he pet i t ioner shall have access to such infant or infants a t such t imes and subject to such regulat ions

No. XVI.

An Act to amend the L a w as to the Custody

of Infants . [11th August, 1875.]

W H E R E A S it is expedient further to amend the law re la t ing to the

Custody of Infants Be it therefore enacted by the Queen ' s

Mos t Exce l len t Majesty by and wi th t he advice and consent of the Legislat ive Council and Legislat ive Assembly of New South Wales in P a r l i a m e n t assembled and by the au thor i ty of t he same as follows :—

regulat ions as the said Cour t shall deem proper or to order t h a t such infant or infants shall be delivered to t h e mothe r and remain in or under her custody and control or shall if already in he r custody or unde r her control remain the re in un t i l such infant or infants shall a t ta in such age not exceeding sixteen as the Cour t shall direct and further to order t ha t such custody or control shall be subject to such regula t ions as regards access by the father or guard ian of such infant or infants and otherwise as t h e said Court shall deem proper.

2. N o agreement contained in any separation deed made between t h e father and mother of any infant or infants shall be held to be invalid by reason only of its providing t h a t t h e father of such infant or infants shall give up t h e custody or control thereof to t he mo the r Provided always t ha t no Cour t shall enforce any such agree­ m e n t if t he Court shall be of opinion tha t i t will not be for the benefit of t he infant or infants to give effect there to .

3. The A c t of t he e ighteenth Victoria n u m b e r one in t i tu led

" An Act to amend the law relating to the Custody of Infants" shall

be and is hereby repealed.