New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 61

61 Custody may be given to wife

The Court may give the wife the custody of the children:

(a) in undefended cases where the Court is requested under section twenty-two of this Act to make the rule absolute

(b) in defended cases where it is proved that the respondent has had notice of the intention of the petitioner to apply for the custody of the children at the hearing of the motion to make the rule absolute.