Vigon v Vigon

JurisdictionEngland & Wales
CourtProbate, Divorce and Admiralty Division
Date1929
Year1929
[PROBATE, DIVORCE & ADMIRALTY DIVISION] VIGON v. VIGON AND KUTTNER.F1 1928 Dec. 21. BATESON J.

Divorce - Practice - Custody of Child - Previous Order of Court of Summary Jurisdiction - Variation of Order - Guardianship of Infants Acts, 1886 and 1925 (49 & 50 Vict. c. 27, and 15 & 16 Geo. 5, c. 45).

There is power in the Divorce Division to make an order for the custody of a child of parents who are parties to a suit for divorce notwithstanding an order made by a court of summary jurisdiction before the suit under the Guardianship of Infants Acts, 1886 and 1925, for the custody of the child. This can be done after a decree nisi of the Divorce Division dissolving the marriage of the parents.

HUSBAND'S PETITION for divorce.

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 the 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...

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3 cases
  • Re H. (G. J.) (an Infant)
    • United Kingdom
    • Chancery Division
    • Invalid date
    ... ... Accordingly, the orders sought by the mother would be made ... Vigon v. Vigon and Kuttner [1929] P. 157 and dicta of Lord Evershed M.R. in In re M. (An Infant) [1961] Ch. 328, 345; [1961] 2 W.L.R. 350; [1961] 1 All ... ...
  • Re H. (A Minor) (Wardship: Jurisdiction)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 October 1977
    ...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 and Young Persons Act, 19......
  • Re D. (Minors) (Wardship: Jurisdiction)
    • United Kingdom
    • Family Division
    • Invalid date
    ...from the terms of the Guardianship of Infants Acts, 1886 and 1925, and more particularly from the decision of Bateson J. in Vigon v. Vigon and Kuttner [1929] P. 157 and the remarks of Evershed M.R. in the Court of Appeal in In re M. (An Infant) [1961] Ch. 328, which are set out in In re G. ......