Guthrie v. Guthrie [1906] ScotLR 43_371 (09 February 1906)

Guthrie v. Guthrie [1906] ScotLR 43_371 (09 February 1906)

The Inner House alone is competent to grant a warrant for officers of law to recover a child where a party evades a custody order; expediency requires immediate action to prevent further evasion and delay.

Citation
[1906] ScotLR 43_371
Parties
Pursuer: Alexander Hunter Guthrie; Defender: Mrs Margaret Little or Guthrie; Child: Agnes Little Guthrie
Jurisdiction
Scotland
Judgment Date
09 February 1906
Procedural Posture
Divorce / Post Decree, Application for Enforcement of Custody Order
Outcome
Warrant granted to officers of law to recover the child and deliver her to the pursuer.
Legal Topics
Custody of Child, Enforcement of Custody Orders, Failure to Deliver Child, Jurisdiction of Inner House
Family Law Child Custody Custody of Child Enforcement of Custody Orders Failure to Deliver Child Jurisdiction of Inner House

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Parties

Alexander Hunter Guthrie

Pursuer

Mrs Margaret Little or Guthrie

Defender

Agnes Little Guthrie

Child

Procedural Posture

Divorce / Post Decree, Application for Enforcement of Custody Order

Legal Issues

  1. 1 Whether the Inner House can grant a warrant for officers of law to take a child into custody and deliver her to the entitled parent
  2. 2 Whether such an order can be competently pronounced in the Outer House

Ratio Decidendi

The Inner House alone is competent to grant a warrant for officers of law to recover a child where a party evades a custody order; expediency requires immediate action to prevent further evasion and delay.

Court Disposition

Warrant granted to officers of law to recover the child and deliver her to the pursuer.

Orders

  • Grant warrant to messengers-at-arms and other officers of law to take into their custody the person of the pupil child, Agnes Little Guthrie, wherever she may be found and deliver her into the custody of the pursuer.
  • Authorise and require all Judges Ordinary in Scotland and their procurators-fiscal to grant their aid in the execution of this warrant.