Reid v. Reid [1901] ScotLR 38_237 (09 January 1901)

Reid v. Reid [1901] ScotLR 38_237 (09 January 1901)

In the absence of any allegation or evidence of misconduct or unfitness against the mother, and considering the welfare of the children (all girls of tender years), the Court held that the natural place for such children is with their mother. Interim custody was therefore granted to the petitioner, subject to further orders in the main action.

Citation
[1901] ScotLR 38_237
Parties
Petitioner: Agnes Jane Grant or Reid; Respondent: Alexander Reid
Jurisdiction
Scotland
Judgment Date
09 January 1901
Procedural Posture
Petition for Interim Custody / Interlocutory (ad Interim) Order Pending Action of Adherence/separation
Outcome
interim custody granted to petitioner
Legal Topics
Interim Custody, Parental Rights, Welfare of Children, Guardianship of Infants Act 1886
Family Law Child Custody Interim Custody Parental Rights Welfare of Children Guardianship of Infants Act 1886

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Parties

Agnes Jane Grant or Reid

Petitioner

Alexander Reid

Respondent

Procedural Posture

Petition for Interim Custody / Interlocutory (ad Interim) Order Pending Action of Adherence/separation

Legal Issues

  1. 1 Whether the mother is entitled to interim custody of the children pending the outcome of the main action
  2. 2 Whether the Court should grant interim custody without inquiry where no serious allegations are made against the mother's fitness

Ratio Decidendi

In the absence of any allegation or evidence of misconduct or unfitness against the mother, and considering the welfare of the children (all girls of tender years), the Court held that the natural place for such children is with their mother. Interim custody was therefore granted to the petitioner, subject to further orders in the main action.

Court Disposition

interim custody granted to petitioner

Orders

  • Prayer of the petition for interim custody granted to the mother, subject to further order by the Lord Ordinary.