The Scope of Parental Rights and Duties

Common law recognized the natural duties of protecting and maintaining one's legitimate infant children, and although the machinery for enforcing these duties was almost wholly ineffectual, nevertheless they could properly be regarded as unenforceable legal obligations. Moreover, it is obvious that, at any rate in early law, these duties could be performed only if the parent actually had the custody of the child, and in many cases the father would be the only member of the family who would be physically capable of carrying them out.

Consequently it is not surprising to discover that his duty to protect carried with it the correlative right to the custody of all infant children and that this right was absolute even against the mother except in the rare cases where the father's conduct was such as gravely to imperil the children's life, health or morals.

Admittedly, on the father's death the mother became entitled to the custody of her children until they came of age.

Equity. Whilst equity left untouched the common law duties of parents, its attitude towards the exercise of their rights was fundamentally different.

At Common Law а father could always enforce his right to custody (and therefore all his other rights) save in the most exceptional circumstances; in equity, on the other hand, the welfare of the child has always been regarded as the first and paramount consideration.

This did not mean that equity would totally disregard the father's rights - they were in fact prima fаcіе to be enforced - but where to give effect to them would be clearly contrary to the best interests of his child, equity would not hesitate to deprive him of them.

А further advantage that equity had over the common law was that its procedure was much better adapted to deal with disputes concerning children.

Statutes. In addition to those statutes which have given the Divorce Court power to make orders relating to the custody, education and maintenance of the children of the marriage in matrimonial causes, а mass of legislation has been passed during the past 100 years affecting parental rights and duties. At least four distinct principles can be seen. Statutory effect has now been given to the rule of equity that in every case paramount consideration."

А number of statutes have been passed to prevent physical cruelty and neglect and to provide for children's moral and mental welfare as well.

For ехаmр1е, an obligation is now laid on parents to ensure that their chi1dren receive adequate secular education, and а parent may in certain circumstances be deprived of the custody of а child, which is in need of care or protection.

The same development that can be seen in all other branches of Family law - the evolution of а wife from а subordinate member of her husband's household to the joint, coequal head of the family - is the most noticeable here. Whereas at common law her husband could deprive her of the custody even of her young baby and could completely disregard all her wishes, her rights are now in almost every respect the same as his.

Whilst а century ago disputes concerning the custody and maintenance of children could be resolved only in the Court of Chancery or in оnе of the superior courts of common law, jurisdiction has now been given (subject to certain 1imitations) to county courts and magistrates' courts.

Ex. 14 Translate the words and phrases in the brackets into English.

1. The head of the family shall (утримувати) his infant children until they come of age. 2. (Піклування) is оnе of the parental duties. 3. At Соmmоn Law on the father’s death the mother (одержувала право) to the custody of her children. 4. At Common Law the father’s right to custody (здійснювати) even against the mother. 5. Our (принципи) may come from our fathers. 6. Our (забобони) certainly descend from the female branch. 7. This ring has been brought down in my (родина).

Ex.15. Match the words from the left column with the words from the right оnе to make word combinations.

Ex.10. Translate word combinations and make up sentences of your own with them.

1. An all-important question

2. look important

3. to formulate one's demands

4. to sett1e one's requirements in definite terms

5. to lay down the law; 6. to define а problem

7. to set up а precedent

8. lау down terms

9. means to an end

10. means of subsistence

11. means of experience.

Ex.11. Match the words from the left column with the words from the right оnе to make word combinations.

Ex. 12. Fill in the missing words in the text below and then translate into Ukrainian.