Custody of Infants Act 1873
Encyclopedia
The Custody of Infants Act 1873 (36 & 37 Vict. c. 12) was an Act
of the Parliament
of the United Kingdom
. It was signed into law on 24 April 1873.
Section 1 allowed the Court of Chancery to order that a mother would have access to, or custody of, any infants under sixteen years of age; or to order that any such infants in her custody were to remain so subject to any regulations for the access of the father or guardian.
Section 2 provided that no agreement in a deed of separation between the father and mother was to be held invalid simply for providing that the custody or control of the children lay with the mother, with the important caveat that no court was bound to enforce any such agreement if it felt it would not be to the benefit of the infant.
Section 3 repealed the Custody of Infants Act 1839
.
In Ireland, the Act was repealed by the Guardianship of Infants Act 1964
(section 4).
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It was signed into law on 24 April 1873.
Section 1 allowed the Court of Chancery to order that a mother would have access to, or custody of, any infants under sixteen years of age; or to order that any such infants in her custody were to remain so subject to any regulations for the access of the father or guardian.
Section 2 provided that no agreement in a deed of separation between the father and mother was to be held invalid simply for providing that the custody or control of the children lay with the mother, with the important caveat that no court was bound to enforce any such agreement if it felt it would not be to the benefit of the infant.
Section 3 repealed the Custody of Infants Act 1839
Custody of Infants Act 1839
Custody of Infants Act of 1839 was an Act of the Parliament of the United Kingdom.The bill was greatly influenced by the reformist opinions of Caroline Norton. Mrs. Norton had a failed marriage with a violent husband. Her pamphlets arguing for the natural right of mothers to have custody of their...
.
In Ireland, the Act was repealed by the Guardianship of Infants Act 1964
Guardianship of Infants Act 1964
The Guardianship of Infants Act of 1964 governs the law relating to guardianship and custody of children in Ireland.- External links :* *...
(section 4).