Boyd v. Boyd [1902] ScotLR 39_348 (31 January 1902)

Boyd v. Boyd [1902] ScotLR 39_348 (31 January 1902)

Expenses awarded to petitioner up to date of interlocutor allowing proof, as arrangement for access was only achieved through legal proceedings; no further expenses due to or by either party.

Citation
[1902] ScotLR 39_348
Parties
Petitioner: Mrs Elizabeth Mackenzie or Boyd; Respondent: Robert W. Boyd
Jurisdiction
Scotland
Judgment Date
31 January 1902
Procedural Posture
Petition for Custody of Children / Judgment on Expenses Following Refusal of Petition
Outcome
petition refused; partial expenses awarded
Legal Topics
Custody of Children, Access to Children, Expenses
Family Law Custody of Children Access to Children Expenses

Case Brief

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Parties

Mrs Elizabeth Mackenzie or Boyd

Petitioner

Robert W. Boyd

Respondent

Procedural Posture

Petition for Custody of Children / Judgment on Expenses Following Refusal of Petition

Legal Issues

  1. 1 entitlement to expenses after refusal of custody petition
  2. 2 arrangement for access to children

Ratio Decidendi

Expenses awarded to petitioner up to date of interlocutor allowing proof, as arrangement for access was only achieved through legal proceedings; no further expenses due to or by either party.

Court Disposition

petition refused; partial expenses awarded

Orders

  • Petitioner entitled to expenses up to 5th November 1901, date of interlocutor allowing proof.
  • No further expenses due to or by either party.