O'Donnell and Others v. O'Donnell [1918] ScotLR 13 (29 October 1918)

O'Donnell and Others v. O'Donnell [1918] ScotLR 13 (29 October 1918)

Where all other considerations regarding the interests of the children are equal, the expressed wishes of the father as to the religious upbringing of his children must prevail. The respondent's intention to change the children's religion was contrary to the father's clear wishes, and the petitioners offered a...

Source-derived case information.

Citation
[1918] ScotLR 13
Parties
Petitioner: Daniel O'Donnell; Petitioner: John O'Donnell; Petitioner: Mrs Catherine Coogan or M'Laughlin; Respondent: Mrs Esther Lorimer Ferguson or O'Donnell
Jurisdiction
Scotland
Judgment Date
29 October 1918
Procedural Posture
Petition for Custody of Minor Children / Final Judgment
Outcome
petition granted
Legal Topics
Custody of Orphan Pupils, Religious Upbringing of Children, Parent and Child, Minor and Pupil
Family Law Child Custody Custody of Orphan Pupils Religious Upbringing of Children Parent and Child Minor and Pupil

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Parties

Daniel O'Donnell

Petitioner

John O'Donnell

Petitioner

Mrs Catherine Coogan or M'Laughlin

Petitioner

Mrs Esther Lorimer Ferguson or O'Donnell

Respondent

Procedural Posture

Petition for Custody of Minor Children / Final Judgment

Legal Issues

  1. 1 Whether the stepmother may alter the religious upbringing of orphan children contrary to the deceased father's wishes
  2. 2 Whether the father's wishes regarding religious upbringing are decisive in custody matters when all other interests are equal

Ratio Decidendi

Where all other considerations regarding the interests of the children are equal, the expressed wishes of the father as to the religious upbringing of his children must prevail. The respondent's intention to change the children's religion was contrary to the father's clear wishes, and the petitioners offered a suitable home in accordance with those wishes.

Court Disposition

petition granted

Orders

  • Respondent ordained to deliver the pupil children to the petitioner Mrs Catherine Coogan or M'Laughlin.