Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
In dealing with the wrongs of the wife, according to the present
English marriage laws, the wrongs of the mother must not be omitted. The
unmarried mother has a right to her child; the married mother has none:
"A father is entitled to the custody of his child until it attains the
age of sixteen, unless there be some sufficient reason to the contrary"
(Russell "On Crimes," vol. i., p. 898). The "sufficient reason" is
hard to find in most cases, as the inclination of the Courts is to make
excuses for male delinquencies, and to uphold every privilege which male
Parliaments have conferred on husbands and fathers. In Shelley's
case the father was deprived of the custody of his children, but here
religious and political heresy caused a strong bias against the poet.
The father's right to the custody of legitimate children is complete;
the mother has no right over them as against his; he may take them away
from her, and place them in the care of another woman, and she has no
redress; she may apply to Chancery for access to them at stated times,
but even this is matter of favour, not of right. The father may appoint
a guardian in his will, and the mother, although the sole surviving
parent, has no right over her children as against the stranger appointed
by the dead father. If the parents differ in religion, the children are
to be brought up in that of the father, whatever agreement may have been
made respecting them before marriage; if the father dies without leaving
any directions, the children will be educated in his religion; he can,
if he chooses, allow his wife to bring them up in her creed, but she can
only do so by virtue of his permission. Thus the married mother has no
rights over her own children; she bears them, nurses them, toils for
them, watches over them, and may then have them torn from her by no
fault of her own, and given into the care of a stranger. People talk of
maternal love, and of woman's sphere, of her duty in the home, of her
work for her babes, but the law has no reverence for the tie between
mother and child, and ignores every claim of the mother who is also a.
wife. The unmarried mother is far better off; she has an absolute right
to the custody of her own children; none can step in and deprive her of
her little ones, for the law respects the maternal tie when no marriage
ceremony has "legitimated" it. Motherhood is only sacred in the eye of
the law when no legal contract exists between the parents of the child.
Public-domain text, read in full here on John Shaqi.
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