MacEachern, Re, (1973) 4 Nfld. & P.E.I.R. 130 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 14, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 130 (NFSC)

MacEachern, Re (1973), 4 Nfld. & P.E.I.R. 130 (NFSC)

MLB headnote and full text

Re MacEachern

Indexed As: MacEachern, Re

Newfoundland Supreme Court

At Trial

Higgins, J.

March 14, 1973.

Summary:

This action arose out of the claims of a husband and wife to the custody of two sons, aged 10 and 8 1/2. The wife was separated from her husband and was living with another man, on whom she was dependant for support. The husband was a bank manager and made $12,000.00 income per year. The husband was willing and able to provide well for the children in every respect. The husband had possession of the children by consent but the wife removed the children on the pretext of taking them for a weekend. The husband made an application for a Writ of Habeas Corpus against the wife for the return of the children. The Supreme Court awarded custody to the father.

The Supreme Court found that the husband's material resources were far superior to that of the wife's. He had a good income, a comfortable home and could provide a housekeeper to care for the children. The wife, on the other hand, was dependant on another man's generosity for support. The Supreme Court held that the welfare of the children would be best served by awarding custody to the father.

Family Law - Topic 1881

Custody - Considerations in awarding custody - Welfare of child paramount - Two boys, aged 10 and 8 1/2 - Mother and father separated - Father made good income and could provide adequately for children - Mother living with a man in an apartment - Newfoundland Supreme Court awarded custody to the father.

Cases Noticed:

In Re Winsor, 49 M.P.R. 401, appld.

Statutes Noticed:

Child Welfare Act, R.S. Nfld. 1970, c. 37, sect. 47.

Counsel:

Douglas Cook, for the father, Delmar Carlyle MacEachern;

David Sparkes, for the mother, Beryl Joan MacEachern.