NOTE: This is but one of many cases of a type what I call “Testamentary Parental Kidnapping,” a type of malicious child/parent access denial related to what is commonly called Parental Alienation.
***
FULL TEXT: Six months ago little 11-year-old Anna Margaret
Fawcett, central figure in an unusual child contest case, clung to her maternal
grandmother in court and referred her to her maternal grandmother in court and
referred to her father as “Mithter Fawcett.” Saturday, after living with her
daddy for six months, she clung to him.
It was one of those cases where there must be so much
sadness whichever way the judge decides. Judge Chris Matheson has had it in
charge.
The little girl’s mother is dead. The mother and father were
divorced, she alleging desertion and failure to provide in 1913. The child was
given to the mother and the mother in turn lived with her own mother, Mrs. A.
Mellick, according to the evidence.
The mother, on her deathbed, asked Mrs. Mellick to keep the
girl, according to the evidence. Mrs. Fawcett died in July, 1926.
In a few months Mr. Fawcett laid claim to his child,
contending he was entitled to her custody as natural parent. He did so through
habeas corpus proceedings and on December 16 the court order that on his filing
a bond of $1000 he should have the child to June 15, 1927, and on that date
produce her in court for further hearing and final settlement. He has
remarried.
The matter was hotly contested at the time. The grandmother
claimed the child’s affections, and little Margaret in December turned her eyes
toward her eyes toward her and away from the father. It was hard for the court
to make the order. He gave the man an opportunity to care for his child, win
its love and make good his claim to her.
On June 15 the grandmother failed to appear, and the court
ordered permanent custody to the father, but reopened the case when Mrs.
Mellick requested it.
Further hearing was had and the court held that the father
had proved his right. He upheld the doctrine that the natural parent should
have first claim. A grandmother was turned away sorrowing with the comfort only
that she may visit the child, who now lives in Los Angeles whenever she
chooses, under a part of an order. Mrs. Mellick lives in Salt Lake.
[“Child Prefers ‘Dad’; Court Heeds Choice – John Fawcett
Awarded Custody of 11-Year-Old Daughter.” The Salt Lake Tribune (Ut.), Jun. 19,
1927, p. 20]
***
Other Testamentary Parental Kidnapping stories:
***
No comments:
Post a Comment