Excerpt from Report of the D'hauteville Case, 1840
Your petitioner further suggests, that a separation of his child from its mother can only be rendered necessary by her determination in no event to return to him. That, as his wife and the mother of his child, she has been even in her errors cherished and beloved; and as his wife and the mother of his child she will yet be welcome to the home she has so long deserted. He is advised that the laws afford w'mode by which his wife, if unwilling to return, can be restored to him. Were such remedy within his reach, he might, were he childless, hesitate to resort to it; but he could not and would not hesitate one moment, if such remedy existed, and only by having recourse to it he could recover his son and only child. He respectfully renews the suggestion, that the respondent has no reason to urge the hardship of a measure which her voluntary acts alone render necessary. His child's best interests, which your Honours are bound to regard, as well as the indefeasible right of a parent, will be surely promoted by the happy re-union of its parents; and he again suggests, that the restoration to him of his child may be the means, through the affection which is active in every mo ther's bosom, of bringing back his misguided wife to her duty.
Your petitioner is advised, that in order to exercise your discretion as to the disposition of the child, your Honours will examine into the conduct of your petitioner and the respondent, during their short mar ried life, and into the alleged causes of their separation. That investi gation your petitioner earnestly solicits and freely profi'ers, in any mode and to any extent that your Honours may deem desirable. He denies utterly and unreservedly any knowledge of just cause for separation, and any consciousness on his part of any matter or design other than an affectionate husband should conceive. Nor is he aware, nor has he ever been aware, of any reason, other than such as arises from the course his misguided wife has by unhappy counsels been led to pursue, which could exist for the 'interruption of their peace and comfort. He is anxious and especially desirous to submit to your Honours, in order the better to enable you to judge what will be for the best interests of the child, all the correspondence between himself, his wife, her parents.
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Paperback. Zustand: New. Print on Demand. This book delves into a complex legal battle surrounding the custody of a young child, Frederic Sears Grand dHauteville, born in 1838 to an American mother and a Swiss father. The narrative unfolds through a series of legal documents, including petitions, writs, and returns, which reveal the competing claims of the parents and the intricate web of legal and personal entanglements that entwine their conflict. The book vividly portrays the legal proceedings, shedding light on the legal and social complexities of international marriage and child custody during the 19th century. The story explores the clash between the rights and expectations of parents from differing cultures and legal systems, highlighting the challenges of navigating cross-border legal disputes. The book examines the role of the court in mediating this conflict, emphasizing the delicate balance between parental rights and the childââ â¢s best interests. Through the legal arguments presented, the book illuminates the philosophical and ethical questions at the heart of child custody disputes, prompting the reader to consider the competing claims of the fatherââ â¢s right to his child and the motherââ â¢s role as a nurturing caregiver. Ultimately, this book offers a fascinating glimpse into a historical legal case that transcends its specific time and place, providing valuable insights into the enduring complexities of family law and the lasting impact of cultural differences on family dynamics. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Bestandsnummer des Verkäufers 9780259397762_0
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PAP. Zustand: New. New Book. Shipped from UK. Established seller since 2000. Bestandsnummer des Verkäufers LW-9780259397762
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