15
A New Kind of Mother and Child
By Batool Saad
1 Black’s Law Dictionary http://thelawdictionary.org/child/; Miller v. Finegan, 26 Fla. 29, 7 South. 140, 6 L. R. A. 813.
2 2 Leg. Rts. Child. Rev. 2D § 16:5 (2d ed.).
3 2 Leg. Rts. Child. Rev. 2D § 16:5 (2d ed.); see also In re L.M., 322 S.W.3d 564 (Mo. Ct. App. S.D. 2010).
42 Leg. Rts. Child. Rev. 2D § 16:5 (2d ed.); see also In re L.M., 322 S.W.3d 564 (Mo. Ct. App. S.D. 2010).
A child is usually defined as the son or daughter in relation to a father or mother when determining descent and distribution.1 Usually a son or daughter would be a descendant of the father or mother, especially if the child is a natural child. A mother gives life to a child through her own means, as Elsa gave life to Olaf through her magic powers. Based on Olaf’s quick accession that Elsa was the one who created him and his bold affection when finally reuniting with her, it can be inferred that Olaf recognizes Elsa as his mother. Furthermore, Elsa’s recognition of Olaf and her acknowledgement to creating him, demonstrates her position as his mother. Therefore, a court most likely will declare that no one else besides Elsa can be considered Olaf’s mother.
Consequently, if Olaf is Elsa’s child, did Elsa abandon him when she left him alone in the woods? Courts differ on the test for child abandonment, whether it be “If the parent fails to visit the child,9 fails to display any love or affection for it, has no personal interaction with it, and has no concern for its welfare, then abandonment has occurred.10 Another court has said that abandonment is conduct which ‘manifests a settled purpose to permanently forego all parental rights and the shirking of responsibilities cast by law and nature so as to relinquish all parental claims to a child.’”2 Elsa did leave Olaf alone in the woods after she created him and ignored his basic needs and attentions.
Moreover, when Olaf did return to Elsa she chose to cast him out of her castle and even had another, larger snow creation (Olaf’s brother perhaps?) throw him over the side of a mountain. But, in the end, Elsa’s powers ensured Olaf’s survival when she made him a personal flurry so he would never melt. This act is a sign of repentance from Elsa to Olaf and courts have declared “Parent's abandonment of child can be repented only by the actual or attempted exercise of parental rights and duties following the abandonment.”3 Courts have elaborated that the repentance will be proper after determining the parent’s intent from all the evidence of the parent’s conduct.4 Therefore, a court will most likely find that Elsa properly repented her abandonment of Olaf when she saved his life and allowed him to live with her in the castle.