A v. B [1902] ScotLR 40_87 (12 November 1902)

A v. B [1902] ScotLR 40_87 (12 November 1902)

The father's prior conviction, in the absence of any further misconduct or evidence of unfitness since his release, is not sufficient to deprive him of his ordinary rights as a parent. The mother failed to provide additional evidence to rebut the father's right to custody.

Citation
[1902] ScotLR 40_87
Parties
Petitioner: A; Respondent: B
Jurisdiction
Scotland
Judgment Date
12 November 1902
Procedural Posture
Petition for Custody of Child / Final Judgment
Outcome
petition granted
Legal Topics
Custody of Legitimate Children, Parental Rights, Fitness of Parent, Effect of Criminal Conviction on Custody
Family Law Child Custody Custody of Legitimate Children Parental Rights Fitness of Parent Effect of Criminal Conviction on Custody

Case Brief

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Parties

A

Petitioner

B

Respondent

Procedural Posture

Petition for Custody of Child / Final Judgment

Legal Issues

  1. 1 Whether a father's prior conviction for theft disqualifies him from custody of his child
  2. 2 Whether the mother has shown sufficient reason to deny the father's prima facie right to custody

Ratio Decidendi

The father's prior conviction, in the absence of any further misconduct or evidence of unfitness since his release, is not sufficient to deprive him of his ordinary rights as a parent. The mother failed to provide additional evidence to rebut the father's right to custody.

Court Disposition

petition granted

Orders

  • Petitioner found entitled to custody of the child.
  • Respondent ordered to deliver up the child immediately to remain in petitioner's custody.