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Full-Text Articles in Family Law

Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz Jan 2014

Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz

Law Faculty Research Publications

No abstract provided.


Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz Jan 1999

Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz

Law Faculty Research Publications

Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …