ALDERTON & ANOTHER V. ALDERTON

ALDERTON & ANOTHER V. ALDERTON

The welfare and interests of the child Norma Jean Alderton are best served by her remaining in the custody of her paternal grandparents, given her deep attachment to them, her happy and stable environment, and the absence of any compelling reason to uproot her, while the speculative advantages of a change were outweighed by real and immediate disadvantages.

Parties
Respondent: Norman George Alderton; Appellants: Mr. and Mrs. Alderton
Jurisdiction
Australia
Judgment Date
13 December 1951
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed.
Legal Topics
Child Custody, Welfare of the Child, Access Rights
Family Law Child Custody Welfare of the Child Access Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Norman George Alderton

Respondent

Mr. and Mrs. Alderton

Appellants

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the custody of the infant Norma Jean Alderton should remain with her paternal grandparents or be given to her father
  2. 2 What is in the best interests and welfare of the child

Ratio Decidendi

The welfare and interests of the child Norma Jean Alderton are best served by her remaining in the custody of her paternal grandparents, given her deep attachment to them, her happy and stable environment, and the absence of any compelling reason to uproot her, while the speculative advantages of a change were outweighed by real and immediate disadvantages.

Court Disposition

Appeal allowed.

Orders

  • Order of the Supreme Court discharged.
  • Order that the infant Norma Jean Alderton be retained in the custody of the appellants.