Foxwell v. Robertson [1900] ScotLR 37_726 (31 May 1900)

Foxwell v. Robertson [1900] ScotLR 37_726 (31 May 1900)

A father who has been divorced by his wife continues thereafter to be primarily liable for the whole aliment of the children of the marriage, and divorce does not reduce this obligation to a mere contribution of half.

Citation
[1900] ScotLR 37_726
Parties
Pursuer: Mrs Maggie Davidson Angus, formerly Robertson, now Foxwell; Pursuer (for His Own Interest and as Curator/administrator in Law): John Burford Foxwell; Defender: John Robertson
Jurisdiction
Scotland
Judgment Date
31 May 1900
Procedural Posture
Civil Aliment Action / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal allowed; Lord Ordinary's judgment recalled; decree granted for full aliment as sought by pursuer
Legal Topics
Parent and Child, Aliment, Liability of Father for Aliment After Divorce, Divorce, Custody
Family Law Parent and Child Aliment Liability of Father for Aliment After Divorce Divorce Custody

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Parties

Mrs Maggie Davidson Angus, formerly Robertson, now Foxwell

Pursuer

John Burford Foxwell

Pursuer (for His Own Interest and as Curator/administrator in Law)

John Robertson

Defender

Procedural Posture

Civil Aliment Action / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether a father remains primarily liable for the whole aliment of a child after divorce when the child remains in the custody of the mother
  2. 2 Whether divorce alters the father's primary obligation to support the legitimate child of the marriage

Ratio Decidendi

A father who has been divorced by his wife continues thereafter to be primarily liable for the whole aliment of the children of the marriage, and divorce does not reduce this obligation to a mere contribution of half.

Court Disposition

appeal allowed; Lord Ordinary's judgment recalled; decree granted for full aliment as sought by pursuer

Orders

  • Defender to pay pursuer £15 yearly as aliment for the child, payable quarterly and in advance from 1st November 1890, so long as the child is unable to earn his livelihood and remains in the custody of the pursuer, with interest at 5% per annum on each quarterly payment until payment.