Page:Every Woman's Encyclopedia Volume 1.djvu/439

 417 CHILD LAW LAW Continutii from pane ^7, Part 3 Parental Control— The Position of the Children oE Divorced and Separated Parents— Employment of Children Wk I VY^HEN the mother is living apart from her '^ husband, and has a good defence to a suit by him for restitution of conjugal rights, the court may make an order continuing the custody of a child under seven to her. Children of Separated Parents In an agreement for a legal separation made between parents the custody of, and the access to, the children of the marriage is arranged upon the terms of the separa- tion. When, however, a decree for a judicial separation or a decree either nisi or absolute for divorce is pronounced, the Divorce Court, when pronouncing such decree, will thereby declare the parent by reason of whose misconduct such decree is made to be a person unfit to have the custody of the children of the marriage, and will give the custody of such children to the innocent parent. The parent so declared to be unfit, more- over, shall not, upon the death of the other parent, be entitled as of right to the custody or guardianship of such children. A contract by the father depriving himself of all his parental control over his children is void as contrary to the policy of the law. But no agreement contained in a separation deed made between the father and mother of a child is invalid by reason of its providing that the father of such child consents to give up the custody or control of it to the mother. If, however, the court is of opinion that it will not benefit the child to give effect to such agreement it will not enforce it. Deserted Children If the court is of opinion that the parent has abandoned or deserted the child, or has otherwise so conducted himself that the court should refuse to enforce his right to the custody of the child, it may decline to issue a writ or to make an order for its produc- tion. The court, also, has power to order repayment by a parent of the cost of the bringing up of a child who is being brought up by another person, or is being boarded out by the guardians, upon ordering the child to be given up to the parent on his application. Parental Control over Daughters Although a father has the right to the custody of his children while they are under the age of twenty-one, his rights have been modified by recent legislation. A father cannot claim or exercise any control or custody over his daughter after she attains the age of sixteen. If she has gone into service with his consent, he cannot compel her to rescind the contract because he wishes her to help her mother in the house- work ; and, if she prefers to May with relatives who are willing to receive her he is not justified in seizing her and bringing her home by force. Begsrinff. Street Trading, etc. Street begging by children or young persons, whether by the mere accompanying of adults without any solicitation so as to excite charity, or under the pretence of singing, playing, performing, or offering anything for sale, is prohibited, and the person having the custody, charge, or care of such child who causes or allows it to be ill the street for begging purposes renders himself liable to fine or imprisonment. The statutes prohibiting persons having the custody of children, whether the parents or guardians or otherwise, from aiding or abetting them from taking part in dangerous public exhibitions or performances have now brought young people under the pro- tection of the Act, and have raised the age in the case of males to sixteen and in the case of females to eighteen years of age. There are also restrictions on training a child under sixteen as an acrobat, contor- tionist, or circus performer ; but a child between the age of ten and sixteen may obtain a licence to be trained as an acrobat, etc. Tocal authorities are authorised to make by-laws restricting the employment of children except under certain conditions. They may prohibit street trading, subject to conditions as to age or sex or the holding of a licence to trade. Street trading has a technical meaning, and includes the hawking of newspapers, matches, flowers, and other articles, playing, singing, or performing for profit, shoe blacking, and any other like occupation carried on in streets or public places. Children under fourteen are not to be employed between nine in the evening and six in the morning, and a child under eleven is not to be employed in street trading. Children on the Stage A licence cannot be granted for the em- ployment of children under ten on the stage ; but a special exemption for an occasional entertainment may be granted by two justices of the peace. Children between ten and eleven can only be em- ployed under a licence granted by a magis- trate. Children between eleven and fourteen may be employed without licence up to 9 p.m., or to such hour as may be fixed by the local authority, or to any hour to which they are hcensed. Before a Ucence can be granted seven clear days' notice on the part of the person intending to make the application must be given to the police. To be continiud. D 30 I E