[Indexed as: Hyland case), “A Fight for the Possession of Two Children,” Brooklyn Daily Eagle (N. Y.), Aug. 29, 1883] {Parental Alienation}

A few days ago Chancellor Baldwin F. Strauss obtained from Judge Reynolds, at Special Term at the City Court, a writ of habeas corpus, directing Charles Hyland to produce in court his two children, aged respectively 5 and 7 years. The writ was sued out on behalf of Mrs. Hyland, who says she was married to Hyland on November 24, 1872, and that they lived together until the early part of 1881, when they separated without being divorced. Mrs. Hyland says that the cause of the separation was her husband’s brutal treatment. Several times, as alleged, he pulled handfuls of hair out of her head, and in midwinter threw her out into the street at 3 o’clock in the morning. On another occasion, as she alleges, she was in bed with the youngest child, her husband entered the room with a pitcher of ice cold water, and threw it down her back and over the child. Three weeks after the separation Hyland placed the two children in St. Malachi’s Home, in East New York, where they remained until July 31 last, when they were taken away. Mrs. Hyland further says that her husband secreted the children for the purpose of alienating their affections from her. She charges her husband with being an improper person to have charge of the children, and alleges that he is at present living in open immorality.

This morning Hyland accompanied by his attorney, Mr. Charles J. Patterson, was in the City Court. A lady accompanied him, having in charge the two children, in accordance with the writ. When they entered the room, Mrs. Hyland took them in her arms and kissed them several times, at the same time sobbing aloud. She is a respectable looking woman.

When the case was called by Judge Clement, Mr. Patterson produced the return to the writ. It stated that the parties were separated on July 12 last, and that Mrs. Hyland absented herself from home leaving the children on the street every night. The return further states that at the time of the separation Mrs. Hyland was in the habit of becoming intoxicated, and was of disreputable character, having been arrested several times for drunkenness and other offenses. Mr. Patterson said that she had been confined in the House of the Good shepherd, and was, therefore, not a fit person to have charge of the children. Mr. Hyland was a respectable gentleman, having been employed for the past ten years by Dorian Schaffer, the oyster men of New York.

Mr. Strauss said that, to prevent litigation, he would discontinue the case if the father would give good security that the mother would be allowed to see the children once a week. The children were put in a Catholic Home, until the father took them to Jersey, where they are beyond the reach of the mother. He denied the allegations that Mrs. Hyland was a drunkard or a person of disreputable character. He thought that the children should be awarded to her.

The matter was adjourned for one week, in order to give Mr. Strauss a chance to get witnesses.

NOTES

Regardless of the merits of the accusation, this articles serves as evidence that such an accusation as “alienating [the children’s affections] from her” was made in court and printed in a large circulation newspaper in 1883. Numerous other examples exist to show that public knowledge of such accusations were made and belief that such behavior was occurring long before the term “parental alienation syndrome was coined.”

Quote: “Mrs. Hyland further says that her husband secreted the children for the purpose of alienating their affections from her.”

Term for “parental kidnapping” : “secreted the children”

Term for “parental alienation”: “alienating their affections from her”