New South Wales Consolidated ActsWhere the parent of a minor applies to the Supreme Court for a writ or order for the production of the minor, or for any order under the last preceding section, and the Court is of opinion:
(a) that the parent has abandoned or deserted or neglected the minor, or
(b) that the parent has otherwise so conducted himself or herself that the Court should refuse to enforce the parent’s right to the custody of the minor, or
(c) that the tender age of the minor or its state of health render it expedient that it should remain with its mother or some other personthe Court may decline to issue the writ or make the order.