Moncrieff v. Langlands [1900] ScotLR 37_845 (30 June 1900)

A bona fide offer by the father of an illegitimate child over seven years old to place the child in the care of a suitable person, even if a stranger, is a valid defence to a claim for future aliment, provided the Court is satisfied as to the custodian's suitability.

Citation: [1900] ScotLR 37_845
Parties: Pursuer: Mrs Alison Moncreiff; Consenting Party (husband of Pursuer): Alexander Moncreiff; Defender: Charles Langlands
Jurisdiction: Scotland
Judgment Date: 30 June 1900
Procedural Posture: Civil Aliment Action / Appeal From Sheriff to Court of Session Inner House Second Division
Outcome: Appeal sustained; interlocutors recalled; decree for aliment up to present date only; defender assoilzied quoad ultra.
Legal Topics: Illegitimate Child, Parental Rights, Aliment, Custody, Offer to Maintain Child, Suitability of Custodian

Family Law Illegitimate Child Parental Rights Aliment Custody Offer to Maintain Child Suitability of Custodian

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Parties

Mrs Alison Moncreiff

Pursuer

Alexander Moncreiff

Consenting Party (husband of Pursuer)

Charles Langlands

Defender

Procedural Posture

Civil Aliment Action / Appeal From Sheriff to Court of Session Inner House Second Division

Legal Issues

1 Whether a father's offer to place an illegitimate child over seven years old in the care of a suitable stranger is a valid defence to a claim for future aliment by the mother.

Ratio Decidendi

Court Disposition

Appeal sustained; interlocutors recalled; decree for aliment up to present date only; defender assoilzied quoad ultra.

Orders

Decree for aliment at 3s. per week from 24 August 1899 to 3 July 1900.
No decree for future aliment beyond 3 July 1900.