Judicial Separation and Family Law Reform Act 1989

Custody of dependent children.


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(3) Section 18 (1) of the Guardianship of Infants Act, 1964, is hereby repealed except in relation to an action instituted before the commencement of this Act.




Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 16, commenced as per s. 1(2).