Wilson v. M'minnin [1905] ScotLR 42_397 (25 February 1905)

Wilson v. M'minnin [1905] ScotLR 42_397 (25 February 1905)

The compact between the parents, under which each is liable for the support of one child, should not be disturbed in the absence of changed circumstances; each parent is liable for the child in their custody as per their agreement.

Citation
[1905] ScotLR 42_397
Parties
Pursuer: Helen Wilson; Defender: William M'Minnin
Jurisdiction
Scotland
Judgment Date
25 February 1905
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed; defender assoilzied
Legal Topics
Parent and Child, Aliment, Illegitimate Children, Parental Agreement, Right of Relief
Family Law Parent and Child Aliment Illegitimate Children Parental Agreement Right of Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Helen Wilson

Pursuer

William M'Minnin

Defender

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Is the father liable to contribute to the aliment of the child in the mother's custody despite an agreement to each support one twin?
  2. 2 Does a parental agreement override the child's right to aliment from both parents?

Ratio Decidendi

The compact between the parents, under which each is liable for the support of one child, should not be disturbed in the absence of changed circumstances; each parent is liable for the child in their custody as per their agreement.

Court Disposition

appeal allowed; defender assoilzied

Orders

  • interlocutor appealed against recalled
  • defender assoilzied