Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The court may, upon the application of the mother or the father of any infant, make such order as it may think fit regarding the custody of the infant, and the right of access thereto of either parent, having regard to the welfare of the infant and to the conduct of the parents, and to the wishes as well of the mother as of the father.
(2) The court may alter, vary or discharge an order made under subsection (1) on the application of either parent or after the death of either parent, of any guardian appointed under this Act.
(3) The court may make such order as to the costs of an application under this section as it thinks just.
(4) The fact that a parent of an infant contemplates leaving the Territory shall not of itself be regarded as a reason for denying that parent the custody of the infant or depriving that parent thereof if the court is satisfied that the welfare of the infant will best be served by allowing that parent to have or retain such custody.