§ Order for Second Reading read.
§ MR. W. FOWLER,in moving that the Bill be now read the second time, said, that its object was to extend the powers of what was known as Talfourd's Act—the 2 & 3 Vic. c. 54—and to give power to the Court of Chancery to order that the mother shall have access to and custody of her children up to 16 years of age. Talfourd's Act gave this power up to seven years of age, and had been found to act so beneficially that it was desirable to extend it, and the age of 16 had been chosen because children above that age could by law choose their own guardian. The Bill further proposed to legalize agreements between the parents giving the custody of children to their mother, except where the Court might deem it not for the benefit of the children to enforce such agreement. At present, unless it can be shown that the husband has been guilty of such misconduct as would induce the Court to deprive him of the custody of his children where there is no agreement, the Court will refuse to enforce any agreement that 885 would have that effect—nothing short of actual injury to the children, moral or physical, will induce the Court to deprive him of his right—and this was done in the "interest of public policy." This Bill would put an end to this cruel injustice, and the Court would enforce the agreement unless it should deem it contrary to the real interests of the children to do so.
§ Motion made, and Question proposed, "That the Bill be now read the second time."—(Mr. W. Fowler.)
MR. LOPESthought the better course would be to repeal Serjeant Talfourd's Act altogether and substitute this Bill as a complete enactment on the subject.
§ MR. W. FOWLERsaid, that the fourth clause expressly repealed Serjent Talfourd's Act.
§ After a few words from Mr. GREGORY, who suggested the insertion of some provisions against a misuse of the powers of the Bill,
§ Motion agreed to: Bill read a second time and committed for Friday.