Andrew J Symington v Mrs Symington: HL 18 Mar 1875

It having been proved in an action of separation and aliment raised by a wife against her husband that he had committed adultery with the nurse of his children, and also had falsely accused his wife of intemperance.- Held (aff. judgment of the Court of Session with a variation) that the custody of the girls should be entrusted to the mother, and that of the boys to the father, there being no good reasons for apprehending that the father’s conduct would affect the moral interest of his sons.
Observations upon the custody of children where parents have been proved guilty of immoral conduct.

Judges:

Lord Chancellor Cairns, Lords O’Hagan and Selborne

Citations:

[1875] UKHL 416, 12 SLR 416

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 19 November 2022; Ref: scu.650101