by the fact that he has made other provision for a son, which the son has lost or squandered.[1]
The mother likewise is liable, together with the father during his lifetime, and solely after his death. The mother of illegitimate children is liable for their support.[2] In case of divorce, both parents may be required to maintain the children according to their means.[3] The obligation of support ceases if the children are able by their industry or from their own means to support themselves.[4] The duty is reciprocal. Children must maintain their parents,[5] and if they are minors or lunatic the Court may charge the cost of maintenance upon their estate.[6] In every case the proper process to enforce this duty is not an action but petition to the Court.[7]
B. The parental power and its consequences.
The parental power and its consequences. Parental power, or, as it is also called, natural guardianship, has little in common with the patria potestas of the Civil Law.[8] Van der Linden writes:
‘The power of parents over their children differs very much among us from the extensive paternal power among the Romans. It belongs not only to the father, but also to the mother, and after the death of the father to the mother alone. It consists in a general supervision of the maintenance and education of their children and in the administration of their property. It gives the parents the right of demanding from their children due reverence- ↑ Voet, 25. 3. 5.
- ↑ So is the father if he is known. Gr. 3. 35. 8; Van Leeuwen, ubi sup.
- ↑ Van Leeuwen, 1. 15. 6; Voet, 25. 3. 6; and 48. 5. 6.
- ↑ Voet, 25. 3. 14–15. The child's whole capital must be exhausted before he becomes chargeable on his parent. Holl. Cons., vol. ii, no. 280.
- ↑ Voet, 25. 3. 8; Holl. Cons., vol. ii, no. 279.
- ↑ In re Knoop (1893) 10 S. C, 198.
- ↑ Voet, 25. 3. 13.
- ↑ Gr. 1. 6. 3; Van Leeuwen, 1. 13. 1.
for the support and maintenance, according to their condition in life, of his legitimate children, it was competent for the Court to award to the mother of his illegitimate children as their natural guardian, such sum as would enable her to supply them with the means of subsistence, until they were old enough to earn it for themselves. Ibid, at p. 537.
