Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-09-21


permission TO the child to see the mcthsr.
there were other and proper methods Of
redress open to her, and the child should
not have been appealed to by her acts to
settle the controversy between the mar
ents. This act on her part was in the
highest degree reprehensible, and no ius-
LITIGATION or excuse can be found for il
But something should be pardoned 10 thu
feelings, and, standing alene, / think i,
would not be enough TO justify the cour,
in refusal to permit the mother TO have
access to the child. The act however
is very significant and important as show
ing disposition on the part of the pc
titioner, in cases where the action of the
father in regard to the child does not
please her, to operate on the child by
her influence, even when il leads to d.
rect disobedience.
2. The effect on the child of the Wis
its TO his mother. 1t cannot be doubted
that the welfare and happiness of the
child require that he should love, respect
and obey his father, and that he should
have full opportunity to do so. The
father is his legal guardian. With him
| he is to live, to be educated and disc;-
plined. It is essential that the child
should have confidence in the father
without it his whole education is endap-
gered, and his character and habits put
in jeopardy. And there should be no
divided authority. Now the evidence
proves, and the child himself admits,
that on every occasion when he has been
permitted to see his mother, on return
ing be has been unruly, disobedient and
rebellious, with a disposition to disre-
gard his fathers wishes. The causes Of
this are not apparent the fact is album
dainty proved. Probably his spirit is
occasioned by the inevitable influence of
the fact known to him) that the parents
are hostile toward each other, and there
is an antagonism between them, and by
the fact that the affection of the child is
stronger for his mother than for his faith
er, so that he would prefer to live with
! her and thinks it hardship ard cruelty
] to be compelled to return to the father.
1t may be accounted for on this ground
without imputing improper influence to
account for it on this ground if it can.
1t is, however, the natural result of the
course the mother has pursued. By her
act-her wrongful act, the court is bound
to presume-she deserted her husband
and deprived him of the opportunity Of
gaining the affection of his child and
holding the position of father towards
him, for nearly nine years. In my judg-
ment, the welfare of the child requires
that the father, should now have a full
opportunity afforded him, free from the
. influence of the mother, to regain the af-
: lection and respect of the child, of whom
. he has been deprived. The evidence in
j. this case shows that the child's inter-
! course with his mother tends to contra
vene the fathers legitimate influence
Al over the child, and render him unruly
IN and disobedient. ] cannot, in the exer-
else of the discretion vested in me, con
~ sent to subject him to her influence now
e Time must be given, opportunity be had
= for the father to obtain proper contro
n over his clild. This in my judgment h
30 cannot do, as the evidence shows, if tn
m child is allowed to visit his mother
is Probably after a time, after he ha
a known his father longer and better, an
mt when his own discretion and good sens
,is have become matured and ripened, Their
ne will be no difficulty in allowing the DO,
as free and unrestrained intercourse with
ity his mother, so far as is consistent will
lat general custody in the father. But
lid am satisfied that now such intercours
ci- would impair and weaken the just il
* fluence over his child which the welfar
and happiness of the child imperativel
I'm require.
vas. If this viii cause temporary unhal
ne piness to the child, it will in the opinic
nti- of the court promote his ultimate we
the fare and happiness and if it is hard &
Ter. the mother, as it doubtless is, she mu
md remember that it is the consequence ar
To result of her own act, in depriving Il
ing father of his child, when he could ha'
hen gained the child's affections and ma
in his obedience pleasure.
red Upon the ground, therefore, that d
urt, general custody of the child belongs
lild, the father that by the wrongful act
OBJ the mother in taking away the child fro
her the father almost during his entire chill