• Specific Year
    Any

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 61 Rights of guardianship and custody of children.

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 61

Rights of guardianship and custody of children.
61. (1) Subject to any order of a court for the time being in force, each of
the parties to a marriage is a guardian of any child of the marriage who has
not attained the age of 18 years and those parties have the joint custody of
the child.

(2) An order with respect to the custody or guardianship of, or access to, a
child-

   (a)  shall not be made in respect of a child who has attained the age of 18
        years or is or has been married; and

   (b)  ceases to be in force when the child attains the age of 18 years or
        marries.

(3) Unless a court having jurisdiction under this Act otherwise orders, an
order in respect of the custody or guardianship of, or access to, a child of a
marriage ceases to be in force if the child is adopted by a person who is not
a party to the marriage.

(4) On the death of a party to a marriage in whose favour a custody order has
been made in respect of a child of the marriage, the other party to the
marriage is entitled to the custody of the child only if the court so orders
on application by that other party and, upon such an application, any other
person who had the care and control of the child at the time of the
application is entitled to be a party to the proceedings.