Northern Territory Consolidated Acts

GUARDIANSHIP OF INFANTS ACT 1972 - SECT 21

No agreement contained in any separation deed made between the father and mother of an infant shall be held to be invalid by reason only of its providing that either parent of the infant shall give up the custody and control thereof to the other parent, but no such agreement shall be enforced if the court is of the opinion that it will not be for the benefit of the infant to give effect thereto.

The Schedule

section 4

NORTHERN TERRITORY OF AUSTRALIA

GUARDIANSHIP OF INFANTS ACT 1972

GRANTING OF GUARDIANSHIP AND CUSTODY TO FATHER OF A CHILD TO WHOSE MOTHER HE IS NOT MARRIED

    The father of a child to whose mother he was not married at the time of its conception or whom he has not since married has no rights to guardianship or custody of the child unless the mother signs this document or the court is satisfied that he is a fit and proper person to have those rights. The mother is under no obligation to sign this document. She may obtain maintenance for the child without signing it. The effect of signing it is to give to the father guardianship and custody of the infant jointly with the mother, so that each parent has equal authority, rights and responsibilities with regard to the infant.
I ...............................................................................................................

(Name of mother in block letters)

of .............................................................................................................

(Address of mother in block letters)

acknowledge that .....................................................................................

(Name of father in block letters)

of .............................................................................................................

(Address of father in block letters)

is the father of my child ............................................................................

    (Name of child in block letters)

and it is my wish that he should have guardianship and custody of the child jointly with me, so that each parent has equal authority, rights and responsibilities with regard to the child.
.....................................................

(Signature of mother)
I .............................................................................................................

(Name of witness in block letters)

of .............................................................................................................

(Address of witness in block letters)

am ...........................................................................................................

(Indicate to which of the classes of persons listed in the next paragraph the witness belongs).
I certify that I have read the first paragraph of this form to ...............................................................................................................

(Name of mother)

and I am satisfied that she understands the meaning of that paragraph and that she did not sign this form under duress.
.................................................

(Signature of witness)

NOTE: The witness must read the first paragraph of this form to the woman who signs the form and he must satisfy himself that she understands the meaning of the paragraph and that she is not signing the form under duress. The witness must be a justice of the peace, a commissioner for oaths, a Commissioner for Affidavits, a Notary Public, a Commissioner for Declarations, a member of the Police Force of the Northern Territory, the person for the time being in charge of a Post Office, the person for the time being in charge of a branch of a bank, an authorized marriage celebrant, a barrister or a solicitor.