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Custody of children --- -Custody of children --- -Custody of children -
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Caroline Norton (1808-77), author and law reform campaigner, was the granddaughter of the playwright Sheridan and soprano Elizabeth Linley. Her disastrous, violent marriage in 1827 to the financially irresponsible Tory MP and barrister George Norton led her to seek escape in writing poetry. Anonymous autobiographical novels followed, exploring women's powerlessness in marriage, together with regular contributions to periodicals such as Macmillan's Magazine. Flamboyant, intelligent and temperamental, she secured her place in literary society, numbering Disraeli and Dickens among her friends. Ever jealous, her husband accused her of adultery with Lord Melbourne, but the case was unproven. In revenge, he refused his wife access to their sons, and it was this act which led to her determined campaign to improve the rights of women in marriage and divorce. This work, first published anonymously in 1837, was instrumental in the subsequent passing of the Custody of Infants Act (1839).
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This paper develops a model of child custody based on an incomplete-contract approach to the allocation of property rights. Because of the presence of transaction costs in marriage, altruistic parents cannot contract upon the investments they make into their children, but can reduce the resulting inefficiencies by determining ex ante the parent who would be allocated custody in case they divorce. (ISER)
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