Bickley v. Bickley and Blatchley

Bickley v. Bickley and Blatchley

The appeal is allowed and the trial judge's custody order restored because, having seen and heard the parties, the trial judge properly found on the facts and credibility that it was in the best interests of the children to be placed in the father's custody; the Court of Appeal was not warranted in overturning those findings.

Citation
[1957] SCR 329
Parties
Applicant Appellant (father): Ervin Felton Bickley, Junior; Respondent (mother): Betty Carson Bickley (later Blatchley); Respondent (stepfather): Raymond W. Blatchley; Infant (daughter): Lynn Scott Bickley; Infant (daughter): Ann Felton Bickley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 March 1957
Procedural Posture
Family Law — Custody Dispute on Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia (judgment Restoring Trial Judge's Custody Order)
Outcome
Appeal allowed; order of trial judge restored; specified paragraph on access struck out; appellant awarded costs.
Legal Topics
Child Custody, Best Interests of the Child, Jurisdiction of Foreign Divorce Courts, Credibility and Deference to Trial Judge, Equal Guardianship of Infants Act
Source Language
English
Family Law Private International Law Civil Procedure (appellate Review) Child Custody Best Interests of the Child Jurisdiction of Foreign Divorce Courts Credibility and Deference to Trial Judge Equal Guardianship of Infants Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ervin Felton Bickley, Junior

Applicant Appellant (father)

Betty Carson Bickley (later Blatchley)

Respondent (mother)

Raymond W. Blatchley

Respondent (stepfather)

Lynn Scott Bickley

Infant (daughter)

Ann Felton Bickley

Infant (daughter)

Procedural Posture

Family Law — Custody Dispute on Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia (judgment Restoring Trial Judge's Custody Order)

Legal Issues

  1. 1 Whether the trial judge's custody award should be set aside given appellate findings
  2. 2 Whether father's conduct constituted acquiescence to mother's custody
  3. 3 Effect of foreign (Nevada) divorce and jurisdictional considerations

Ratio Decidendi

The appeal is allowed and the trial judge's custody order restored because, having seen and heard the parties, the trial judge properly found on the facts and credibility that it was in the best interests of the children to be placed in the father's custody; the Court of Appeal was not warranted in overturning those findings.

Court Disposition

Appeal allowed; order of trial judge restored; specified paragraph on access struck out; appellant awarded costs.

Orders

  • Order of Manson J. dated February 9, 1956 restored in respect of custody.
  • The paragraph of the order allowing respondents liberty to apply regarding right of access is struck out.