17Custody, upbringing, and property of minor

17 Custody, upbringing, and property of minor

17 Custody, upbringing, and property of minor

Where in any proceeding before any court (whether or not a court within the meaning of this Act) the custody or upbringing of a minor, or the administration of any property belonging to or held in trust for a minor, or the application of the income thereof, is in question, the court, in deciding that question, shall regard the welfare of the minor as the first and paramount consideration, and shall not take into consideration whether from any other point of view the claim by the father, or any right at common law possessed by the father, in respect of such custody, upbringing, administration, or application is superior to that of the mother, or the claim of the mother is superior to that of the father.

In this section upbringing includes religious instruction.

s 17: Ins 1934 No 20, sec 3 (a). Am 1970 No 60, First Sch.