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GAZETTE
N O V
E M B E R
1983
19. Unreported, Supreme Ct., 5 April 1979 (70-1979).
20. pp. 7-8 of Hcnchy J.'s judgment.
21. p. 12.
22. p. 13.
23. p. 16.
24. Pages 6-7 of Kenny J.'s judgment.
25. Page 4 of Griffin J.'s judgment.
26.
Id.
27. p. 5.
28. Cf. text above fn. 24,
supra.
29.
Id.,
p. 6.
30. For criticism of this approach by the English Courts, see King,
Maternal Love - Fact or Myth?,
4 Family L. 61 (1974). Cf. Samuels,
Custody and Access: Law. Principles and Practice.
4 Family L. 141, at
142 (1974).
31. For an analysis of the constitutional implications of the "tender
years" doctrine in the United States, see Jones,
The Tender
Years
Doctrine: Survey and Analysis.
16 J. Family L. 695, at 724 ff. (1978),
Folberg & Graham,
Joint Custody of Children Following Divorce,
12
U. Calif. Davis L. Rev. 523, at 534-535 (1979). More generally see
Foster & Freed,
Life w ith Father: 1978.
11 Family L.Q. 321, at 325-
340 (1981), Roth,
The Tender Years Presumption
in Child
Custody
Disputes.
15 J. Family L. 423 (1977).
32. [1976] I.R. 38 (Sup. Ct., 1975).
33.
Id.,
at 71.
34. Emphasis added.
35. Cf. Binchy,
New Vistas in Irish Family Law,
15 J. Family L. 637, at
665 (1977).
36. See Bates,
The Changing Position of the Mother in Custody
Cases:
Some Comparative
Developments,
6 Family L. 125 (1976), Haddad &
Roman,
No-Fault Custody,
2
Fam. L. Rev. No. 2, 95 (1979); cf.
Poulter,
Child Custody - Recent Developments.
12 Family L. 5, at 5
(1982).
37. [1977] 1 All E.R. 647, at 655 (C.A.).
38.
Id,
at 651.
39. B. Hoggett,
Parents and Children.
54-55 (2nd ed., 1981).
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