Judicial Separation and Family Law Reform Act, 1989

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(3) Section 18 (1) of the Guardianship of Infants Act, 1964 , is hereby repealed except in relation to an action instituted before the commencement of this Act.