According to the Ordinance a court could, upon the application of a parent, make such orders as it thought fit regarding the custody of the infant. Where the court was of the opinion that a parent had abandoned, neglected or deserted an infant; or conducted himself/herself in a manner by which custody should be refused; or the tender age of the infant of his/her state of health rendered it expedient that he/she should remain with his/her mother or some other person then a court could decline application for custody.
Where a parent was believed to have abandoned, deserted or neglected an infant, the parent would have to satisfy the court that he/she was a fit person to have custody. Where the court was satisfied that a person with custody was unfit to continue because of cruelty or neglect, a court could order the infant be given up to the custody of another.
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Last updated:
04 January 2023
Cite this: http://www.findandconnect.gov.au/guide/act/AE00013
First published by the Find & Connect Web Resource Project for the Commonwealth of Australia, 2011
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