Act of Parliament | |
![]() | |
Citation | 2 & 3 Vict. c. 54 |
---|---|
Other legislation | |
Repealed by | Custody of Infants Act 1873 |
Status: Repealed |
The Custody of Infants Act 1839 was an Act of the Parliament of the United Kingdom.
The bill was greatly influenced by the reformist opinions of Caroline Norton. Norton had a failed marriage with her husband. Her pamphlets arguing for the natural right of mothers to have custody of their children won much sympathy among parliamentarians. The need for the reform in the custody of children area had already been the subject of parliamentary actions before 1839. However, because of Norton's intense campaigning, [1] [2] Parliament passed the Custody of Infants Act 1839 and included there many of her reformist ideas. This changed dramatically the way that custody of the children after divorce was granted. If previously in the majority of the cases the child custody was awarded to the father, the Custody of Infants Act 1839 permitted a mother to petition the courts for custody of her children up to the age of seven, and for access in respect of older children. This was the starting point of a new doctrine in the area of child custody, called Tender years doctrine.
The 1839 Act was repealed and replaced by the Custody of Infants Act 1873.
Family law is an area of the law that deals with family matters and domestic relations.
Infanticide is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose being the prevention of resources being spent on weak or disabled offspring. Unwanted infants were usually abandoned to die of exposure, but in some societies they were deliberately killed. Infanticide is generally illegal, but in some places the practice is tolerated, or the prohibition is not strictly enforced.
Baby farming is the historical practice of accepting custody of an infant or child in exchange for payment in late-Victorian Britain and, less commonly, in Australia, New Zealand and the United States. If the infant was young, this usually included wet-nursing. Some baby farmers "adopted" children for lump-sum payments, while others cared for infants for periodic payments.
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". Assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children".
Caroline Elizabeth Sarah Norton, Lady Stirling-Maxwell was an active English social reformer and author. She left her husband, who was accused by many of coercive behaviour, in 1836. Her husband then sued her close friend Lord Melbourne, then the Whig Prime Minister, for criminal conversation (adultery).
In the United Kingdom, as in other countries, feminism seeks to establish political, social, and economic equality for women. The history of feminism in Britain dates to the very beginnings of feminism itself, as many of the earliest feminist writers and activists—such as Mary Wollstonecraft, Barbara Bodichon, and Lydia Becker—were British.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
Partus sequitur ventrem was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born there; the doctrine mandated that children of slave mothers would inherit the legal status of their mothers. As such, children of enslaved women would be born into slavery. The legal doctrine of partus sequitur ventrem was derived from Roman civil law, specifically the portions concerning slavery and personal property (chattels), as well as the common law of personal property; analogous legislation existed in other civilizations including Medieval Egypt in Africa and Korea in Asia.
Safe-haven laws are statutes in the United States that decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state. All fifty states, the District of Columbia, and Puerto Rico have enacted such statutes.
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years, the mother should have custody of the child. The doctrine often arises in divorce proceedings.
The Custody of Infants Act 1873 was an Act of the Parliament of the United Kingdom. It was signed into law on 24 April 1873.
The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
The history and culture of breastfeeding traces changing social, medical and legal attitudes to breastfeeding, the act of feeding a child breast milk directly from breast to mouth. Breastfeeding may be performed by the infant's mother or by a surrogate, typically called a wet nurse.
Mother's rights are the legal obligations for expecting mothers, existing mothers, and adoptive mothers in the United States. Issues that involve mothers' rights include labor rights, breast feeding, and family rights.
The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.
In 1967, Iran adopted a set of progressive family laws, the Family Protection Act, which granted women family rights; these were expanded in the Family Protection Law of 1975. The act was annulled in 1979 after the Islamic Revolution when Sharia law was re-introduced, but it stands out for having been ahead of its time, particularly in a Muslim-majority country.
Stanley v. Illinois, 405 U.S. 645 (1972), was a landmark United States Supreme Court case in which the Court held that the fathers of children born out of wedlock had a fundamental right to their children. Until the ruling, when the mother of a child born out of wedlock was unable to care for the child, through death or other circumstances, the child was made a ward of the state and either placed in an orphanage or foster care or for adoption.
An anonymous birth is a birth where the mother gives birth to a child without disclosing her identity, or where her identity remains unregistered. In many countries, anonymous births have been legalized for centuries in order to prevent formerly frequent killings of newborn children, particularly outside of marriage.
Emily Nugent, Marchioness of Westmeath, formerly Lady Emily Anne Bennet Elizabeth Cecil, was the first wife of George Nugent, 1st Marquess of Westmeath.
Jane Addison was the first woman in the United Kingdom to petition a divorce against her husband through an Act of Parliament and did so with success. The divorce was on the grounds of her husband's incestuous adultery and was granted in 1801. Only four other woman successfully won full divorce petitions against their husband before 1857. Prior to 1857, there were only 329 successful divorces granted in the United Kingdom.