Cummings v. Cummings, (1975) 12 N.B.R.(2d) 153 (QB)

• Judge: Stratton, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 11, 1975
• Jurisdiction: New Brunswick
• Citations: (1975), 12 N.B.R.(2d) 153 (QB)

Cummings v. Cummings (1975), 12 N.B.R.(2d) 153 (QB);

    12 R.N.-B.(2e) 153; 10 A.P.R. 153

MLB headnote and full text

Sommaire et texte intégral

Cummings v. Cummings

Indexed As: Cummings v. Cummings

Répertorié: Cummings v. Cummings

New Brunswick Court of Queen's Bench

Stratton, J.

July 11, 1975.

Summary:

Résumé:

This case arose out of an application by the natural father for the issuance of a writ of Habeas Corpus. The four year old female infant had resided with its natural mother at all material times. Evidence indicated that the mother was having an affair with a Mr. Mason. Evidence showed that the respondent was a good and capable mother and that the child was happy and contented in her environment.

The New Brunswick Court of Queen's Bench awarded custody to the mother stating that in custody matters the welfare and happiness of the child is a paramount consideration of the court.

Family Law - Topic 1891

Custody and access - Considerations in awarding custody - Conduct of parents - The applicant father applied for the custody of his infant child under the Habeas Corpus Act - At all material times the infant was in the custody of it's natural mother who was having an affair with another man - The New Brunswick Court of Queen's Bench in awarding custody to the mother stated that the mother's conduct did not deprive her of custody of the child - See paragraphs 6, 7 and 8.

Cases Noticed:

Layton v. Layton (1973), 6 N.B.R.(2d) 68, refd to. [para. 6].

Pollard v. Pollard (1974), 7 N.B.R.(2d) 120, refd to. [para. 6].

Haughn v. Haughn (1974), 8 N.B.R.(2d) 428, refd to. [para. 6].

DiGiacinto v. DiGiacinto (1975), 9 N.B.R.(2d) 604, refd to. [para. 6].

McKee v. McKee, [1951] 2 D.L.R. 657, folld. [para. 7].

Dyment v. Dyment, [1969] 2 O.R. 748, folld. [para. 7].

Statutes Noticed:

Judicature Act, R.S.N.B., c. J-2, sect. 38.

Habeas Corpus Act, R.S.N.B., c. H-1, sect. 13(1).

Rules of Court, Order 56, rule 11.

Counsel:

W.A. Anderson, for the applicant;

R.W. Hunt, for the respondent.

Judgment was delivered by STRATTON, J., on July 11, 1975.