Rochon v. Castonguay

Rochon v. Castonguay

The transfer of custody to the father was proper because the circumstances that justified initial maternal custody (the child's infancy and need for maternal care) no longer existed at age six, and the lower courts' unanimous finding that it was for the child's greater advantage to be with the father was not illegal...

Source-derived case information.

Citation
[1961] SCR 359
Parties
Defendant Applicant: Jacqueline Rochon; Plaintiff Respondent: Joseph François Castonguay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 1960
Procedural Posture
Judicial Separation and Custody (civil) / Application for Leave to Appeal to the Supreme Court of Canada
Outcome
Application for leave to appeal dismissed
Legal Topics
Judicial Separation, Custody, Civil Code Article 214, Leave to Appeal
Source Language
english
Family Law Civil Procedure Child Custody Judicial Separation Custody Civil Code Article 214 Leave to Appeal

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Parties

Jacqueline Rochon

Defendant Applicant

Joseph François Castonguay

Plaintiff Respondent

Procedural Posture

Judicial Separation and Custody (civil) / Application for Leave to Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether custody should be transferred to the father under Civil Code art.214 when the child is older
  2. 2 Whether leave to appeal should be granted

Ratio Decidendi

The transfer of custody to the father was proper because the circumstances that justified initial maternal custody (the child's infancy and need for maternal care) no longer existed at age six, and the lower courts' unanimous finding that it was for the child's greater advantage to be with the father was not illegal and warranted refusal of leave to appeal.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application dismissed with costs