Guardianship of Infants Act 1964

Custody where parents are separated.

18

18. F66 [ ]

(2) A provision contained in any separation agreement made between the F67 [ parents ] of a F68 [ child ] shall not be invalid by reason only of its providing that one of them shall give up the custody or control of the F68 [ child ] to the other.

Annotations:

Amendments:

F66

Repealed (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 41(3), commenced as per s. 46(2), subject to transitional provision in same subsection.

F67

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 59, S.I. No. 12 of 2016.

F68

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

Modifications (not altering text):

C27

C27

Power to make care order provided (31.10.1995) by Child Care Act 1991 (17/1991), s. 20, S.I. No. 258 of 1995; as substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 9(2); and as amended (1.01.2005) by Health Act 2004 (2/2004), s. 75 and sch. 7 part 6 item 19, S.I. No. 887 of 2004.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

[20.—(1) Where in any proceedings under section 7, 8, 11, 11B or Part III of the Guardianship of Infants Act, 1964, or in any case to which—

(a) section 3 (3) of the Judicial Separation and Family Law Reform Act, 1989,

(b) section 6(b) or 10(f) of the Family Law Act, 1995, or

(c) section 5(2), 11(b) or 41 of the Family Law (Divorce) Act, 1996,

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct [the Health Service Executive ] to undertake an investigation of the child’s circumstances. ]

...

Editorial Notes:

E40

Previous affecting provision: words in subs. (1) substituted (12.05.1982) by Courts Act 1981 (11/1981), s. 15(1)(c), commenced as per s. 33(3); superseded as per F-note above.