BRACERS Record Detail
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Davies writes to BR regarding the petition for divorce made by Dora. Davies informs BR that according to Maw, Dora will be claiming custody, and Maw also claims, "... that we stood now upon the deed of separation, and the outcome of divorce as to custody might be a matter susceptible of arrangement, on which you would of course be advised. My idea is that divorce might go forward conformably, with your resisting a claim by Dora (if she put it forward seriously) to an order giving her the legal custody, or arranging with her that no order as to custody should be made or that it should be made in an agreed form by consent."
Davies tells BR that, according to common law, until the children are 16 the father has a right to custody; however, this would not be allotted if the father did not seem fit.
Davies tells BR that in this "... case it may be that the prima facie right and preference of either parent is not very important, as neither of them is perhaps altogether impeachable from the standpoint of the court.... It is from this point of view that I would have been anxious for you all this time to act and state your case so as to shew you are more to be trusted to care of the children...."
"The old common law right of the father is barbaric...."
Typed copy is document .101011et, record 115882.
Divorce Bundle, 229-33
Record last modified 2016/02/16
Created/last modified by duncana