Chantler v Chantler [1906] HCA 82

Chantler v Chantler [1906] HCA 82

A father who is able and willing to support his child in his own home is not guilty of 'leaving' the child without means of support under the Deserted Wives and Children's Act 1901, where the child is taken from him by the wife against his will and remains in her custody.

Parties
Appellant; Defendant; Husband: Richard Chantler; Respondent; Complainant; Wife: Addella Chantler
Jurisdiction
Australia
Judgment Date
18 December 1906
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales, Special Case Stated Under the Justices Act
Outcome
Appeal allowed. Order appealed from discharged. Appeal from Justices dismissed.
Legal Topics
Maintenance of Children, Parental Custody, Statutory Interpretation
Family Law Maintenance of Children Parental Custody Statutory Interpretation

Case Brief

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Parties

Richard Chantler

Appellant; Defendant; Husband

Addella Chantler

Respondent; Complainant; Wife

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales, Special Case Stated Under the Justices Act

Legal Issues

  1. 1 Whether a father is liable for maintenance under the Deserted Wives and Children's Act 1901 when a child is taken from his custody by the wife against his will and he is willing to support the child in his own home

Ratio Decidendi

A father who is able and willing to support his child in his own home is not guilty of 'leaving' the child without means of support under the Deserted Wives and Children's Act 1901, where the child is taken from him by the wife against his will and remains in her custody.

Court Disposition

Appeal allowed. Order appealed from discharged. Appeal from Justices dismissed.

Orders

  • Order of the Supreme Court reversed.
  • Appeal from Justices dismissed.