Vigon v Vigon
| Jurisdiction | England & Wales |
| Date | 1929 |
| Year | 1929 |
| Court | Court of Appeal |
Divorce - Practice - Custody of Child - Previous Order of Court of Summary Jurisdiction - Variation of Order -
APPEAL from a decision of Bateson J.F1
On September 15, 1927, the wife obtained from a Court of summary jurisdiction an order under the Guardianship of Infants Acts, 1886 and 1925, for the custody of the child of the marriage, a boy born on April 1, 1926. On December 12, 1928, the husband was granted a decree nisi for the dissolution of his marriage on the ground of his wife's adultery with the co-respondent. The petition contained a prayer for the custody of the child, but on pronouncing the decree nisi Bateson J. adjourned the question of granting custody to the husband for argument, having regard to the fact that the magistrate's order in favour of the wife was still in force. On December 21, 1928, the matter again came before Bateson J., who made an order giving the custody of the child to the petitioner. In making the order his Lordship said that he thought he could vary the order of the Court of summary jurisdiction under the Act of 1886, s. 5, but he did not wish to do so without that Court having the opportunity of considering the matter. He proposed therefore to direct that the portion of the decree dealing with custody should not be drawn up for one month. That would give an opportunity of informing the Court of summary jurisdiction that he had found the wife guilty of adultery, and that he thought that the husband should have the custody of the child.
The wife appealed. The appeal was heard on April 19, 1929.
S. R. Sidebottom for the wife.
H. Durley Grazebrook for the husband.
The Court (LORD HANWORTH M.R., LAWRENCE and SANKEY L.JJ.) were of opinion that in the present state of the evidence they ought not to decide the question of jurisdiction...
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Re H. (A Minor) (Wardship: Jurisdiction)
...over children who are subject to orders made in magistrates1 courts, unless the parties prefer to retain the magistrates' order; Vigon v. Vigon & Kuttner, (1929) Probate, 157. 12 The third group of case is those arising under the Childrens Acts; i.e., the Children Act, 1948 and the Children......