The Australian Law Times Volume 20

The Australian Law Times Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...of afiiliation may have been made against him." So that, for the purposes of the Act, "parent" includes not only the natural father, mother, &c., but also certain what may be called artificial persons to whom are assigned the position of parent so far as liability for the support of a child is concerned. Two cases are therefore provided for. First, a person against whom an affiliation order has been made. That may include a case in which the mother of the child has sworn that a certain man is the father of the child, and she is believcd although the alleged father may never have recognised the child as his. There may be other evidence corroborative of the mother's story, and an order may have been made though there was no recognition. Vhere that order exists the man is to be deemed to be the parent of the child. Secondly, there is the " putative father of an illegitimate child which he may have recognised as his, though no order of afliliation may have been made against him." In that case, although no order of afliliation has been made, if it can be shown that the man has recognised the child as his, he is to be deemed to be the parent of the child. In the present case the department has undertaken to show that Vhite is the parent because he has recognised the child as his. The justices have found, upon legal evidence, that Vhite wrote the letters, and that those letters amount to a recognition of the child as his. It is argued that the word " recognised " in section 58 does not include so slight and flimsy a form of recognition as is to be gathered from the letter, even although it is accompanied by a payment of money, but that the recognition must be unmistakeable, and unanswerable and of more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236757548
  • 9781236757548