# Custody of Children Act 1891, Section 3: Court in making order to have regard to conduct of parent.

Extent: E+W+S+N.I.

Where a parent has—
(a) abandoned or deserted his child; or
(b) allowed his child to be brought up by another person at that person’s expense, or by the guardians of a poor law union, for such a length of time and under such circumstances as to satisfy the Court that the parent was unmindful of his parental duties;
the Court shall not make an order for the delivery of the child to the parent, unless the parent has satisfied the Court that, having regard to the welfare of the child, he is a fit person to have the custody of the child.

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Source: https://www.legislation.gov.uk/ukpga/Vict/54-55/3/section/3 (the official version)
Page: https://openlegislation.uk/custody-of-children-act-1891/section-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.