Support and Custody of Children International and Comparative Aspects

  • International Bar Association


At common law, the parental obligation to support children presented a curious lacuna between moral and legal duties. Blackstone said that the duty to provide maintenance for children was “a principle of natural law” (1 Bl. Comm. 667). If it was such a principle it was a moral right without adequate legal remedy, although ecclesiastical courts perhaps lent their authority as a matter of conscience to force fathers to discharge their natural duty, and in chancery a quasi-contractual duty of support eventually became a matter of equity. (See Greenspan v. Slate, 97 A 2 d 390 [N. J. 1953]).


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© Springer Science+Business Media Dordrecht 1968

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  • International Bar Association

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