Brown v. Ferguson [1911] ScotLR 18 (27 October 1911)

Brown v. Ferguson [1911] ScotLR 18 (27 October 1911)

The defender's bona fide offer to take custody of the child, notwithstanding his denial of paternity, is a complete answer to the pursuer's claim for aliment, as the pursuer (grandmother) is in law a stranger to the child and under no obligation to maintain it. The right to claim aliment in such circumstances is not available to third parties who have no legal duty to support the child.

Citation
[1911] ScotLR 18
Parties
Pursuer (appellant): Mrs Margaret Taylor or Brown; Defender (respondent): David Ferguson
Jurisdiction
Scotland
Judgment Date
27 October 1911
Procedural Posture
Civil (affiliation and Aliment) / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal dismissed; interlocutors affirmed
Legal Topics
Parent and Child, Aliment, Bastardy, Custody of Illegitimate Child, Claim by Grandparent for Aliment
Family Law Parent and Child Aliment Bastardy Custody of Illegitimate Child Claim by Grandparent for Aliment

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Parties

Mrs Margaret Taylor or Brown

Pursuer (appellant)

David Ferguson

Defender (respondent)

Procedural Posture

Civil (affiliation and Aliment) / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether a grandmother who has taken custody of an illegitimate child after the mother's death can claim aliment from the putative father when he has offered to take custody of the child.
  2. 2 Whether the putative father's offer to take custody, despite denying paternity, is a complete answer to the claim for aliment by a third party.

Ratio Decidendi

The defender's bona fide offer to take custody of the child, notwithstanding his denial of paternity, is a complete answer to the pursuer's claim for aliment, as the pursuer (grandmother) is in law a stranger to the child and under no obligation to maintain it. The right to claim aliment in such circumstances is not available to third parties who have no legal duty to support the child.

Court Disposition

appeal dismissed; interlocutors affirmed

Orders

  • Defender's plea sustained; pursuer not entitled to aliment after offer to take custody.
  • Defender liable for £12, 10s. tendered as arrears up to August 1904.