Verrecchia, Re, (1971) 1 Nfld. & P.E.I.R. 384 (NFSC)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 27, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 1 Nfld. & P.E.I.R. 384 (NFSC)

Verrecchia, Re (1971), 1 Nfld. & P.E.I.R. 384 (NFSC)

MLB headnote and full text

Re Verrecchia

Indexed As: Verrecchia, Re

Newfoundland Supreme Court

At Trial

Mifflin, J.

January 27, 1971.

Summary:

Trial Court awarded custody of 2 female infants aged 9 and 7 to the father where the mother had broken up the family home by infidelity and had deserted her husband to live with another man, taking the children with her. Court found that the conduct of the mother disturbed the children and that this conduct displayed a complete lack of concern by the mother for the moral training and character building of the children and would not award custody to her in those circumstances. Other factors the Court considered were: the father's treatment of the children; desirability of the children's changing school; prospects for religious upbringing; capacity of both parents to handle monetary affairs and their earning capacity; living accommodation for children; father's arrangements for care of children; preference of children of whom to live with; and the stability of the new relationship of the mother.

Family Law - Topic 1891

Custody - Considerations in awarding custody - Conduct of parents - Infants - Child Welfare Act - Principles applicable to award of custody of two infant females aged 9 and 7 where contest is between father aged 32 and mother aged 29 who had broken up family home by infidelity and had deserted her husband to live with another man - Welfare of infants paramount - Father awarded custody by the Newfoundland Supreme Court.

Statutes Noticed:

Child Welfare Act, S.N. 1964, c. 45, sect. 47.

Counsel:

Robert Wells, for mother;

Leo D. Barry, for father.