Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VIII · Protection of Children
90. Declaratory order as to unfitness of parent to have custody
Feedback & supportThe court may, when granting a divorce or judicial separation, or at any time thereafter, on the application of the father or the mother of any child of the marriage, make an order declaring either parent to be a person unfit to have the custody of the child and may at any time rescind any such order.
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
Where an order has been made under subsection (1), and has not been rescinded, the parent thereby declared to be unfit shall not, on the death of the other person, be entitled to the custody of such child unless the court otherwise orders.
child
“child” has the meaning of “child of the marriage” as defined in section 2 who is under the age of eighteen years. Power for court to make order for custody