Judicial Separation and Family Law Reform Act, 1989
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Custody of dependent children. |
41.—(1) Where the court grants a decree of judicial separation it may declare either spouse to be unfit to have custody of any dependent child of the family. | |
(2) Where a decree of judicial separation contains such a declaration, then, if the spouse to whom the declaration relates is a parent of any child of the family, that spouse shall not, on the death of the other spouse, be entitled as of right to the custody of that child. | ||
(3) Section 18 (1) of the Guardianship of Infants Act, 1964 , is hereby repealed except in relation to an action instituted before the commencement of this Act. |