R., Re, (1977) 19 N.B.R.(2d) 169 (QB)

• Judge: Richard, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 24, 1977
• Jurisdiction: New Brunswick
• Citations: (1977), 19 N.B.R.(2d) 169 (QB)

R., Re (1977), 19 N.B.R.(2d) 169 (QB);

    19 R.N.-B.(2e) 169; 30 A.P.R. 169

MLB headnote and full text

Sommaire et texte intégral

Re R.

Indexed As: R., Re

Répertorié: R., Re

New Brunswick Court of Queen's Bench

Richard, J.

October 24, 1977.

Summary:

Résumé:

This headnote contains no summary.

Family Law - Topic 1830

Custody of children - Right to custody - Rights of natural mother - A 15 year old girl had an illegitimate baby and went home to her parents to live with the baby - When the baby was three the mother married and sought custody of the child from her parents - The New Brunswick Court of Queen's Bench awarded custody to the mother - The Court of Queen's Bench held that the natural mother has a right to her child in such circumstances unless she has disqualified herself by misconduct.

Cases Noticed:

Re Arbeau (1971), 3 N.B.R.(2d) 286, dist. [para. 3].

Donnelly v. Donnelly (1977), 16 N.B.R.(2d) 547; 21 A.P.R. 547, dist. [para. 3].

Re O'Hara, [1900] 2 I.R. 232, appld. [para. 5].

Martin v. Duffell, [1950] S.C.R. 737, appld. [para. 8].

Re Cooke and Leavitt (1973), 6 N.B.R.(2d) 181, refd to. [para. 10].

R. v. Crossman (1970), 2 N.B.R.(2d) 806, refd to. [para. 10].

Counsel:

Margaret Larlee, for the applicant, the natural mother;

Thomas McBrearty, for the grandmother.

This case was heard before RICHARD, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On October 24, 1977, RICHARD, J., delivered the following judgment: