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CUSTODY OF INFANTS ACT 1873 CUSTODY OF INFANTS ACT 1873 - LONG TITLE An Act to amend the Law as to the Custody of Infants.{1} [24th April 1873] Preamble rep. by SLR 1893 (No.2) S.1 rep. by SLR 1893 (No.2) CUSTODY OF INFANTS ACT 1873 - SECT 2 In case of separation deed between father and mother. 2. No agreement contained in any separation deed made between the father and mother of an infant or infants shall be held to be invalid by reason only of its providing that the father of such infant or infants shall give up the custody or control thereof to the mother: Provided always, that no Court shall enforce any such agreement, if the Court shall be of opinion that it will not be for the benefit of the infant or infants to give effect thereto. S.3 rep. by SLR 1883