prescribed for the young men who avail themselves of this permission, among which is the obligation of attending Catholic lectures which are provided by the Bishops.
3. In order that parents may fulfil their obligations towards their children, the law of nature itself confers on them the requisite authority and the right to look after their children until these can provide for themselves. It would, then, be against natural justice if children were removed from their parents' control or if there were any interference with the parental authority as long as it is rightly exercised.[1] Although parental authority is derived from the law of nature, yet its precise extent and its limits are not defined by natural law; this is left to positive law, ecclesiastical and civil.
Parental authority extends to the person and to the property of a child.
I. (a) The right to the custody of the person of a child belongs to the father during his life, and after his death to the mother. Until emancipation at the age of twenty- one or until marriage a father can enforce his right by writ of habeas corpus.
An action also lies for loss of services against anyone who entices a minor away from the custody of his parents. Moreover, abduction of a girl under sixteen or under eighteen for immoral purposes is rigorously punished by English criminal law.
However, if a child who has reached years of discretion chooses to depart from home, our courts will not compel him to return, if the departure seems to be for his benefit.
(b) A parent or one who is in loco parentis may moderately chastise a minor who has been guilty of fault.
(c) The consent of the parent is required for the lawfulness of a minor's marriage.
ii. The parent as such has no rights over the property of his child according to English law. If, however, no other guardian has been lawfully appointed, the father will be regarded as the guardian of his child, and he will be compelled to administer its property for its benefit, and he can be compelled to render an account of his administration. Gifts which have been freely made by children to their parents are considered valid by our law, but there is a presumption against their being free gifts, unless this is proved.
- ↑ St Thomas, Summa, 1-2, q. 10, a. xa.
