Farrell v Bramble

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Cecil Lewis, J. A.,ST. BERNARD, J.A.
• Judgment Date: 11 February 1972
• Neutral Citation: MS 1972 CA 1
• Docket Number: Magisterial Misc. Appeal no. 1 of 1971
• Date: 11 February 1972

Farrell

and

Bramble

Lewis, C.J. St. Bernard, J.A. Lewis, J.A.

Magisterial Misc. Appeal no. 1 of 1971

Court of Appeal

Family Law - Children — Maintenance

Held: The Magistrate did not err in principle when he made his order. Appeal dismissed.

Facts: This was an application for maintenance by the mother of a putative child. Paternity was admitted by the appellant. The only issue before the court was the quantum of maintenance : whether the amount of maintenance ordered by the magistrate was excessive.

Cecil Lewis, J. A.

1 The respondent, Jane Bramble, caused a summons to be issued against the appellant to show cause why he should not be adjudged the putative father of a male child, born to her an December 6, 1955 and be ordered to contribute towards his maintenance. When the matter came before the magistrate, paternity was admitted and the only issue then, was the quantum of maintenance.

2 The evidence of the respondent was to the effect that the appellant was employed as a plumber by various persons in the building business; that he told her on one occasion he was sub-contractor, he had a wife and children in Canada three of whom were adults and he no longer contributed to their support. The respondent also stated that the appellant had formerly lived with her in her house and had given her $30 per week for the maintenance of the child, and also to cook and wash for him.

3 When this relationship came to an end, this application was brought.

4 The appellant himself gave evidence that he worked...