Bonnar v. Bonnar [1913] ScotLR 54 (18 November 1913)

Bonnar v. Bonnar [1913] ScotLR 54 (18 November 1913)

The Court has absolute discretion under section 5 of the Guardianship of Infants Act 1886 to award expenses, including interim expenses, in proceedings concerning access to a child, and such discretion is not limited to final decrees.

Citation
[1913] ScotLR 54
Parties
Petitioner: Mrs Agnes Swift or Bonnar; Respondent: Neil Bonnar junior
Jurisdiction
Scotland
Judgment Date
18 November 1913
Procedural Posture
Note for Access to Child in Petition for Custody / Interim Application for Expenses
Outcome
Interim award of expenses granted to petitioner.
Legal Topics
Expenses, Access to Child, Guardianship of Infants Act 1886, Interim Award of Expenses
Family Law Expenses Access to Child Guardianship of Infants Act 1886 Interim Award of Expenses

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Parties

Mrs Agnes Swift or Bonnar

Petitioner

Neil Bonnar junior

Respondent

Procedural Posture

Note for Access to Child in Petition for Custody / Interim Application for Expenses

Legal Issues

  1. 1 Whether the Court has discretion under section 5 of the Guardianship of Infants Act 1886 to grant an interim award of expenses to the wife in a petition for access to a child.

Ratio Decidendi

The Court has absolute discretion under section 5 of the Guardianship of Infants Act 1886 to award expenses, including interim expenses, in proceedings concerning access to a child, and such discretion is not limited to final decrees.

Court Disposition

Interim award of expenses granted to petitioner.

Orders

  • Petitioner awarded seven guineas as interim expenses.