Guardians - Deserted Children - Overlaying Infant - Parental Liability

The Court will not take a child of tender years out of the custody of its mother on the ground that the mother's religion differs from that of the deceased parent, or that such removal is requisite for the training of the child in the father's religion.

If a father choses to retract a promise previously made to allow the children to be educated in the religion of their mother, the Court will restrain the latter from interfering with the religious education of the children, although such promise was antenuptial, and her consent to the marriage was conditional upon its being made.


In order to ensure that the children shall be brought up in the religion of the father, the Court may appoint a guardian to act with the mother after the father's death; the fact of the children having no property does not affect the jurisdiction of the Court. The Court may also remove a guardian already appointed, and appoint another, and give directions as to the religion in which the child is to be educated. And this it may do, although the child is not a ward in Court and has no property, its religious education being the only ground for interference. A testamentary guardian who changes his religion after the father's death may be removed from his office.

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 protection.

The Court has also 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. Overlaying Infant

Where the death of an infant under three years of age is caused by suffocation through its being overlayed by some person over sixteen who went to bed under the influence of drink, the latter is guilty of having neglected the infant in a manner likely to cause injury to its health.

Parental Liability

A parent is under no legal obligation to pay debts incurred by his child; however, if the parent is conscious of the expenditure incurred by his child while living under his roof, and makes no inquiry or remonstrance about it, a presumption may arise that he authorised the child to order the goods and obtain credit on his authority.