Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
[656] Circular of 28th September 1899, in Twenty-ninth Annual
Report 1889-1900, p. 48.
Such was the original form of this law; but the experiences of the
Central Authority and the guardians as to its working led them to get
passed successive measures developing its details in various respects.
The Court's power of determining the resolution of the guardians was
limited by the Act of 1890, which provides that: "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." Under this law, therefore, not only the
Poor Law guardians, but any other person who has brought up the child at
his own expense may acquire the right of custody in the place of the
parent. This Act is not to "affect the power of the Court to consult the
wishes of the child ... or diminish the right which any child now
possesses to the exercise of its own free choice." The Court was also
given the power to make such order as it may think fit, "to secure that
the child be brought up in the religion in which the parent has a legal
right to require that the child should be brought up."[657]
[657] Custody of Children Act, 54 Vic. c. 3, secs. 3, 4.
Public-domain text, read in full here on John Shaqi.
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