Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1979 No. 23 of 1979 - SECT 9

9. Section 61 of the Principal Act is amended by omitting sub-section (4) and
substituting the following sub-section:

''(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-

   (a)  the other party to the marriage is entitled to the custody of the
        child only if the court so orders;

   (b)  the other party to the marriage or any other person may make an
        application to the court for an order placing the child in the custody
        of the applicant; and

   (c)  in an application under paragraph (b) by a person who does not, at the
        time of the application, have the care and control of the child, any
        person who, at that time, has the care and control of the child is
        entitled to be a party to the proceedings.''.