R. v. Porter, [1967] N.B. Law News No. 88 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 11, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 88 (QB)

R. v. Porter, [1967] N.B. Law News No. 88 (QB)

MLB Law News

The Queen v. Margaret Constance Elizabeth Porter Ex Parte Dawn Lorraine Porter

(Archives RS56B/1967/36)

Indexed As: R. v. Porter

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

July 11, 1967.

Summary:

Custody of Infant - Habeas Corpus - On application by husband by way of Habeas Corpus for custody of two-year old infant, Court directed wife to deliver infant to the applicant.

In June of 1967, the applicant husband undertook duties as a fire watcher and his wife refused to move to a cabin located at the lookout tower. She returned to the home of her parents with their infant. The Court stated that the wife had no means of support and that the income of her father was meagre. The Court was satisfied that it was in the best interests of the infant that the infant reside at the home of a friend of the applicant.

Custody ordered to continue "until it is otherwise agreed upon by the parties or otherwise ordered by the Court. The wife, however, is to have access to the child at reasonable times." At the initial hearing, the wife was not represented and the Court designated counsel to act on her behalf and ordered the wife's costs be allowed at $35.00 to be paid by the applicant.

Counsel:

David H. Russell, for the applicant, Donald Leland Porter;

C. David Hughes, for Margaret Constance Elizabeth Porter.

This case was heard before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on July 11, 1967.