Haughn v. Haughn, (1974) 8 N.B.R.(2d) 428 (CA)

• Judge: Hughes, C.J.N.B., Bugold and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 06, 1974
• Jurisdiction: New Brunswick
• Citations: (1974), 8 N.B.R.(2d) 428 (CA)

Haughn v. Haughn (1974), 8 N.B.R.(2d) 428 (CA);

    8 R.N.-B.(2e) 428

MLB headnote and full text

Sommaire et texte intégral

Haughn v. Haughn

Indexed As: Haughn v. Haughn

Répertorié: Haughn v. Haughn

New Brunswick Court of Appeal

Hughes, C.J.N.B., Bugold and Ryan, JJ.A.

July 12, 1974.

Summary:

Résumé:

This case arose out of a petition for divorce by a husband on the grounds of adultery and as corollary relief the husband claimed custody of 2 children of the marriage. The New Brunswick Court of Queen's Bench granted the divorce to the husband and awarded custody of the 2 children to the mother. The mother was living with a man she intended to marry. The New Brunswick Court of Queen's Bench stated that the mother was able to devote her full time to the children whereas the father could not - see paragraph 27. The judgment of the New Brunswick Court of Queen's Bench is set out immediately following the judgment of the Court of Appeal - see paragraphs 17 to 32.

On appeal to the New Brunswick Court of Appeal the appeal was dismissed and the judgment of the Court of Queen's Bench was affirmed.

The Court of Appeal stated that a trial judge made full judicial use of the opportunity of observing the manner and demeanor of the parties and did not misdirect himself on any question of law - see paragraph 11.

Family Law - Topic 1889

Custody and access - Considerations in awarding custody of 2 children, aged 6 and 3 - Capacity of parents - The husband successfully petitioned for divorce on the grounds of adultery - The wife was living with a man she intended to marry - The New Brunswick Court of Appeal affirmed an award of custody of the 2 children to the mother - The New Brunswick Court of Queen's Bench stated that the mother was able to devote her full time to the children whereas the father could not - See paragraph 27.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance award - Periodic payments - A father earned $900.00 monthly - The New Brunswick Court of Queen's Bench ordered the father to pay $250.00 monthly for the support of his 2 children, aged 6 and 3 - See paragraphs 29 and 31.

Cases Noticed:

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

Pollard v. Pollard, 7 N.B.R.(2d) 120, dist. [para. 8].

Rennie v. Rennie (1973), 11 R.F.L. 278, folld. [para. 11].

Counsel:

Douglas L. Smith, for the petitioner, appellant;

Ian S. Purvis, for the respondent.

This appeal was heard by the Appeal Division on June 6, 1974. Judgment was delivered on July 12, 1974 and the following opinions were filed:

Ryan, J.A. - see paragraphs 1 to 12;

Hughes, C.J.N.B. - see paragraphs 13 to 16;

Bugold, J.A., concurred with Hughes, C.J.N.B.