Bradley v. Bradley, (1984) 55 N.B.R.(2d) 189 (FD)

• Judge: Ayles, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 24, 1984
• Jurisdiction: New Brunswick
• Citations: (1984), 55 N.B.R.(2d) 189 (FD)

Bradley v. Bradley (1984), 55 N.B.R.(2d) 189 (FD);

    55 R.N.-B.(2e) 189; 144 A.P.R. 189

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Bradley v. Bradley

Indexed As: Bradley v. Bradley

Répertorié: Bradley v. Bradley

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Woodstock

Ayles, J.

May 24, 1984.

Summary:

Résumé:

A wife petitioned for divorce and applied for custody of her three children and maintenance.

The New Brunswick Court of Queen's Bench, Family Division, granted the decree nisi on the grounds of physical and mental cruelty, gave the wife custody of the children, disallowed her claim for maintenance for herself, and awarded $100.00 per month maintenance for each child.

Family Law - Topic 1880

Custody and access to children - Considerations in awarding custody - The New Brunswick Court of Queen's Bench, Family Division, referred to the principles to be applied in custody matters under the Divorce Act, in awarding a mother custody of her three children, aged 11, 9, and 5 years - See paragraphs 20 to 34.

Family Law - Topic 3650

Divorce - Grounds - Cruelty - What constitutes - In granting a wife a decree nisi, the New Brunswick Court of Queen's Bench, Family Division, held that arguments between husband and wife and beatings of the wife and her children by her husband constituted physical and mental cruelty within the meaning of s. 3(d) of the Divorce Act such as to render continued cohabitation intolerable - See paragraphs 3 to 19.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children - A wife obtained a decree nisi and custody of her three children aged 11, 9, and 5 years - She applied for maintenance for the children - The New Brunswick Court of Queen's Bench, Family Division, allowed her application and ordered her husband, who was self-employed and worked full-time, to pay $100.00 per month for each child - See paragraph 48.

Family Law - Topic 4030

Divorce - Corollary relief - Maintenance awards - Effect of conduct or relationships of claimant - A wife, who left her husband and was living with another man, applied for a decree nisi and maintenance - The New Brunswick Court of Queen's Bench, Family Division, declined to award maintenance because of the fact that the wife was living with another man who was supporting her and because she and the man had plans to marry in the near future - See paragraph 47.

Words and Phrases

Physical and Mental Cruelty - The New Brunswick Court of Queen's Bench, Family Division, held that arguments between husband and wife, and beatings of the wife and her children by the husband, constituted "physical and mental cruelty" within the meaning of s. 3(d) of the Divorce Act - See paragraphs 14 to 16.

Cases Noticed:

Knoll v. Knoll (1970), 10 D.L.R.(3d) 199, refd to. [para. 11].

Chouinard v. Chouinard, 1 N.B.R.(2d) 941, refd to. [para. 13].

Dyment v. Dyment, [1969] 2 O.R. 748, refd to. [para. 22].

Talsky v. Talsky, [1976] S.C.R. 292; 7 N.R. 246; 62 D.L.R.(3d) 267, refd to. [para. 23].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 3(d) [paras. 1, 11]; sect. 11 [para. 20].

Counsel:

Ian MacInnis for the petitioner;

Charles Bird for the respondent.

This petition was heard before Ayles, J., of the New Brunswick Court of Queen's Bench, Family Division, who delivered the following decision on May 24, 1984: