Custody of Infants Act 1873
| Jurisdiction | UK Non-devolved |
| Citation | 1873 c. 12 |
Custody of Infants Act, 1873
(36 & 37 Vict.) CHAPTER 12.
An Act to amend the Law as to the Custody of Infants.
[24th April 1873]
Whereas it is expedient further to amend the law relating to the custody of infants:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Court of Chancery may order that mother may have access to and custody of infant under sixteen years.
1. From and after the passing of this Act it shall be lawful for the High Court of Chancery in England or in Ireland respectively, upon hearing the petition by her next friend of the mother of any infant or infants under sixteen years of age, to order that the petitioner shall have access to such infant or infants at such times and subject to such regulations as the Court shall deem proper, or to order that such infant or infants shall be delivered to the mother, and remain in or under her custody or control, or shall, if already in her custody or under her control, remain therein until such infant or infants shall attain such age, not exceeding sixteen, as the Court shall direct; and further, to order that such custody or control shall be subject to such regulations as regards access by the father or guardian of such infant or infants, and otherwise, as the said Court shall deem proper.
2 In case of separation deed between father and mother.
2. No agreement contained in any separation deed made between the father and mother of an infant or infants shall be held to be invalid by reason only of its providing that the father of such infant or infants shall give up the custody or control thereof to the mother: Provided always, that no Court shall enforce any such agreement if the Court shall be of opinion that it will not be for the benefit of the infant or infants to give effect thereto.
3 Repeal of 2 & 3 Vict. c. 54.
3. The Act of the second and third Victoria, chapter fifty-four, intituled ‘An Act to amend the law relating to the custody of infants,’ shall be and is hereby...
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