•
No.160.
(K 4442/3835/203).
FOREIGN
OFFICE, S.W.1.
13th April, 1926.
My Lord:-
With reference to Your Lordship's despatch No.89
of the 29th ultimo regarding the case of Mrs. E. Longinotto, I have to state for your information that this lady is under English law the sole guardian of her children, and the English Courts would not interfere with her rights, unless by reason of her character and conduct or her neglect of the children they deemed it advisable in the interests of the children to do so.
If, however, that was the case, the Courts might deprive the mother of her rights as guardian or appoint co-
guardians with her.
2.
The English Courts some times appoint guardians
even in cases where for children of foreign nationality they have a guardian by the law of their nationality. Therefore His Majesty's Government could not object if the Austrian Courts should in the present case appoint guardians for Mrs. Longinotto's children, if such action
were in accordance with Austrian law and bona fide. Further, if as it appears the children and their mother are domiciled in Austria, in the view of English law the
Courts of Austria are the tribunals who have the best
right to adjudicate in the matter.
3
You should bear the foregoing information in
mind when framing your reply to the Austrian Government,
Court could appoint and make it clear that no English
The Viscount Chilston, C.M.G.,
*
80.,
&c.,
&C..
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