A Theory about Harry's Continued Placement With the Dursleys

[danajsparks.livejournal.com]

Some of us have questioned why Harry had to continue to spend several weeks with the Dursleys each summer after Voldemort returned at the end of GoF. If sharing Harry's blood allowed Voldemort to touch Harry, then it seems logical that it would also allow him to bypass any magical blood protections on #4 Privet Drive. So here's an idea, inspired by Arsinoe de Blassenville's The Best Revenge.

Dumbledore could argue that the Dursleys should have custody of Harry, even though they were Muggles, because Petunia was Harry's closest living blood relative. However, his argument probably would not have been especially valid unless Harry had actually lived with the Dursleys for at least a few weeks each summer. If Harry never actually spent any time with the Dursleys, then more distant wizarding relatives might have been able to present a good case for why they should have custody of him instead.

For example, let's suppose that Harry was the grandson of Dorea Black and Charlus Potter on the Black Family Tapestry. In that case, it's quite possible that, in the summer of 1995, Harry's closest living wizarding relatives (who were not convicted criminals anyway) were his second cousins Andromeda Tonks and Narcissa Malfoy. In the summer of 1995, Andromeda Tonks had long since been disinherited from the Black family, and Lucius Malfoy had the ear of the Minister of Magic. So, if Harry hadn't continued to live with the Dursleys for part of each summer, then the Malfoys might have been able to gain custody of the Boy-Who-Lived.

In a sense, then, the Dursleys did provide Harry with a "blood" protection, even after Voldemort returned. But it wasn't necessarily a magical protection; it was a legal one.

Comments

[sunnyskywalker]

The Malfoys might have had to moderate their anti-Muggleborn rhetoric if they took Harry in back in 1981, since overtly insulting his mother would be bad politics both in and outside the home. But I don't think they'd suddenly stop believing some people were just better and deserved more rights and service from other people, so Harry might have ended up quite a jerk anyway... rather like a cunning Slytherin version of James, maybe. It might be better than the Dursleys, but he'd still have some work to do, character building-wise. And yeah, in 1995? Awful idea. Though it would have made for good drama, no doubt.

If Harry automatically would go to the closest blood relatives no matter what, the Malfoys probably have the best claim. If wizarding family court consider a larger pool of distant relatives and pick the ones that look best for Harry, then the Longbottoms and Macmillans are other possibilities. In 1995, Lucius seems like the one with the most political clout - but on the other hand, if Augusta thought she had a chance of bringing The Boy Who Lived home to be Neville's foster brother, she might have put up quite a challenge, and we know she hangs out with Griselda Marchbanks and the Malfoys don't, so she might actually be more influential when she chooses. (Marchbanks didn't resign until early 1996, iirc, so she still would have had influence.) They might also consider that Draco and Harry are known to despise each other which would make for a miserable living situation, while Harry and Neville get along. Plus while the Order roster of 1981 is not public knowledge, Lily and James might still have friendly with Frank and Alice in some less secretive capacity, while the Potters and the Malfoys didn't hang out. That might also make a difference.

Could have been a nasty battle!

[malic-ba.livejournal.com]

I'm not sure about the Longbottoms. A grandmother, already raising a boy single-handed, with the parents in St Mungo's? Formidable (and influential) though Augusta is, that might sound like over-commitment.

The Tonks'? Andromeda may have been disinherited, but I don't remember any suggestion that the family was struggling financially. She may no longer be a Black, but still a relative - they could be a good choice.

Of course, this supposes that the WW cares about the welfare of kids being fostered. Given how little that society seems to care about people in general, I think that's not very likely. Nearest relatives would be hard to beat.

I, too, would like to read a fic with Harry raised by the Malfoys (from 1981, not 1995 - 1995 could be quite short). I think pragmatic Lucius would treat him well. He'd want to raise little Potter to fit into society and be a friend and ally to his house. But I can't see him really loving the boy as a son. I need to think some more to come up with a scenario where Harry doesn't get handed straight over to Voldemort as soon as he reappears ...

[sunnyskywalker]

Voldemort wouldn't mind sacrificing Lucius as a servant if it meant getting Harry, so "but the Ministry will figure out it was me and arrest me" wouldn't work as an excuse, yeah. Hm. Maybe if Lucius had decided to set Harry up as Dark Lord and had trained him up in that role, and started using Harry in 1991 to defeat Voldemort? That does seem an awful lot like taking sides for Lucius, though. No wiggle room should Voldemort get his powers back. Er. Maybe Diary!Tom would be involved somehow - then at least Lucius could claim he was following Voldemort's orders, to the best of his knowledge. This is a tough one.

[sunnyskywalker]

Also, I think your point about the ww not caring much about children's welfare is likely on the right track. When have they ever done anything to improve children's welfare, especially going so far as to try to improve custodial arrangements? They don't seem to so much as give Muggleborns' parents an overview of the ww and a support group so the kids will have a more supportive environment during their summer holidays, never mind try to keep an eye on things like whether a kid is regularly being dropped off piers and out of windows by relatives. (Neville didn't seem to think anyone would find this unusual, and indeed no one seemed at all surprised at his story, so this sounds like unexceptional wizarding childcare.) So I don't think the Ministry would worry over-much that Harry wouldn't get as much love and attention in a house with an elderly caretaker and two boys instead of one. (Though they might draw the line at sending him to the Weasleys' even if they are also cousins of a sort, if blasted-off ones - 8 kids would be enough to trip even their "over-commitment" meters, I should think.)

Anyway, we know Augusta has at least some help from Algie, so she's not entirely single-handed. We might consider having two relatives in St. Mungo's a major commitment, but I'm not sure they would in the ww. They're not much for paying attention to mental health generally, so they probably figure the Longbottoms will visit Frank and Alice when they like and that's that. As far as money, Hogwarts isn't fee-paying, and we never hear about the Weasleys needing to pay for Arthur's care, so it's possible the Malfoy donations are paying for the Longbottoms' care. And as far as we know the Longbottoms are doing fine financially; at least we never hear about any money trouble (Neville seems to get the legacy wand for legacy reasons, not lack of funds, as in Ron's case).

Neville never mentions either way, but being an old pureblood family, they may also have a house-elf. That would lighten Augusta's load considerably.

But there's so little evidence of any kind of system for these situations, who knows. All we know is that they do think family matters a lot.

[oryx_leucoryx]

The Longbottoms were still active and popular Aurors when the war ended. Well, Frank was. He only ended up in St Mungo's several months later. So yes, Harry could have been placed with the Longbottoms, and then have his foster parents taken away from him shortly after. The question is would he have remained in the care of the Longbottoms or would he have been moved again.

As the supposed defeater of Voldemort Uncle Algie and the others would have had no doubt in his magic, so he wouldn't have been dangled out of balconies.

[oryx_leucoryx]

The Tonks' claim is as strong as the Malfoys' and they were better-looking politically. Hmm, in 1981 Walburga was still alive, we don't know how sane. But she was the mother of two proven DEs, as far as the Ministry knew, so she was probably out of the running, but also her opinion as to who was a Black wouldn't count.