Infants' Custody Act 1854 No 1a (NSW)

A N N O D E C I M O O C T A V O

VICTORIAE REGINE.

No. I.

An Act to amend the Law relating to the Custody

of Infants. [10th July, 1854.]

t h e Governor of N e w South Wales by and wi th t h e advice and consent WH E R E A S cus tody of In fan t s Be i t therefore! enacted by H i s Excel lency

it is expedient to amend the L a w re la t ing to t h e

of t h e Legis la t ive Council thereof as follows :—

1.    I t shal l be lawful for t he Supreme Court or for t he P r i m a r y

J u d g e of t h e said Cour t in E q u i t y or du r ing his absence or il lness for

any other J u d g e of t h e said Cour t upon hea r ing the pet i t ion of t h e

m o t h e r of a n In fan t be ing in t he sole custody or control of t he	father
thereof or of any person by his au tho r i t y or of any gua rd i an after	the

dea th of t h e father if t he said Cour t or J u d g e shal l see fit to m a k e

order for t h e access of t h e pet i t ioner to such I n f a n t a t such t imes	and
subject	to such regu la t ions as t h e said Cour t or J u d g e shal l deem

convenient a n d j u s t A n d if such I n f a n t shal l be w i th in t h e age of

seven years to m a k e order t h a t such In fan t shall be delivered to and

r e m a i n in t h e custody of t h e pet i t ioner u n t i l a t t a in ing such age subject

to such regula t ions as t h e said Cour t or J u d g e shall deem	convenient
a n d	j u s t .

2. A l l orders which shall be m a d e by v i r tue of th is Act by t he

said Cour t or J u d g e shal l be enforced by process of con tempt of t he

said Cour t .

3 . P rov ided a lways and be i t enacted Tha t no order shall be

m a d e by v i r t ue of th i s A c t whereby t h e mo the r agains t w h o m adul te ry

shal l be established by j u d g m e n t in an act ion for c r iminal	conversat ion
a t the suit of he r h u s b a n d or by t he sentence of a Cour t	exercis ing

Ecclesiast ical Ju r i sd ic t ion shall have t he custody of any In fan t or

access to any In fan t a n y t h i n g here in conta ined to t h e con t ra ry not­

wi ths tand ing .

2 x — V O L . 4. No. I I .