Judicial Separation and Family Law Reform Act 1989

Custody of dependent children.

41

41. F36 [ (1) In this section dependent member of the family has the meaning assigned to it by section 2 of the Family Law Act, 1995 .

(2) Where the court grants a decree of judicial separation, it may declare either of the spouses concerned to be unfit to have custody of any dependent member of the family who is a minor and, if it does so and the spouse to whom the declaration related is a parent of a dependent member of the family who is a minor, that spouse shall not, on the death of the other spouse, be entitled as of right to the custody of that minor. ]

(3) Section 18 (1) of the Guardianship of Infants Act, 1964, is hereby repealed except in relation to an action instituted before the commencement of this Act.