Ploughman v. Ploughman, (1972) 3 Nfld. & P.E.I.R. 489 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 16, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 489 (NFSC)

Ploughman v. Ploughman (1972), 3 Nfld. & P.E.I.R. 489 (NFSC)

MLB headnote and full text

Ploughman v. Ploughman

Indexed As: Ploughman v. Ploughman

Newfoundland Supreme Court

At Trial

Furlong, C.J.

October 16, 1972.

Summary:

Petitions for divorce were brought by a husband and wife on the grounds of each other's adultery and for custody of the five children of the marriage. The trial court granted the divorce and awarded custody of the children, aged 5 to 12, to the father.

The father was a medical practitioner and earned a large income. The children lived in his house, attended by a housekeeper who had been with the household for a number of years. The mother intended to leave Newfoundland to work for a salary of $8,500.00 per annum. The trial court stated that less disruption would be felt by the children if they remained in Newfoundland in their home and familiar surroundings. The court stated that this, together with the ability of the father to provide them with ample support and education, would serve the welfare of the children best.

Family Law - Topic 1889

Custody and access - Considerations in awarding custody - Capacity or conditions of parents - Divorce of parents on basis of adultery of each - 5 children of marriage aged 5 to 12 - Children lived in Newfoundland in father's house mother intended to leave province - Newfoundland Supreme Court awarded custody to father.

Statutes Noticed:

Divorce Act, S.C. 1967-68, c. 24, sect. 3(a).

Counsel:

Robert Wells, Q.C., for the petitioner and respondent in counter-petition;

Leo D. Barry, for the respondent and petitioner by counter-petition.