TANGLES AFFAIRS.

Ashburton Guardian, Volume XLII, Issue 9561, 22 July 1921, Page 4

T ANGLES AFFAIRS.

CH9LDR£N'S MAINTENANCE A QUESTION OF CUSTODY. A very involved case concerning the maintenance of three children of Robert Somerville was heard m the Magistrate's Court this morning before Mr E. D. Mosley, S.M,, when Somerville was charged with failing to maintain * his three children m Mrs Giles's receiving home m Tinwald. The case dated back to the Supreme Court hearing of the defendant's divorce case. Mr H. J. Raphael appeared for the defendant, and Mr G. H. Buchanab for the keepers of the home. Mr Raphael said that it had been, thought that the- custody of the children had been given to the wife, and the defendant thought that the maintenance he was paying was going to the mother, according to an order of . the decree nisi given m the - Supreme Court m divorce. When the decree . absolute was granted, the custody wasgiven to the father; but he subsequently discovered that the children, were m the custody of a person named Giles, who kept a home at Tinwald. Giles refused to give up the possession of the children without authority. Meanwhile the defendant had been arrested. . Senior-Sergeant Ryan said he did not know until this morning of the order ' of the Supreme Court. He understood, however, that that order had lapsed. He asked that the information y- 1 ■ «~"mdM nskirjr for maintenance . aud past mahrtenarc*. Mr Raphael said there was no information before the defendant, and he did not know what the position was, or the reason for which he was before the Court. Mr Buchanan said that the maintenance was originally made m favour of the wife, and the divorce proceedings, finally culminated m the custody of the children being given to the deferfdant. There was then a sum of £2S> due on the maintenance order, which, of course, then lapsed. He believed that .from time .to time the defendant had gone to seet he children at Giles's 'residence, and therefore the actual .custody was known ..to. .the.,. defendant, 'and, 'as, a matter of fact, he made two J&ymeniis.. The children were boarded "" binder.-, the >i,nfjant, life ~ protection?- • • ,regTilktioi% a^^ould riot- lie given upiiJ J 'witEout! proper authority. Since then • Sjdm^rifille had nevex~miide-as»y--further I &ppHc&tipn, nor paid any further " j^ntf&ftey, j Grarit difficultgr %<ssheen ex-'tf j^erietoped m locating the defendant, Who cbuld pot be found by the civil »jpro£esses. - ' ' The ■ Magistrate , pqin^ed putqtha} ,; vfa/i } ptesent° the defendant! was jn'tfie ciis:tody of the Cjpurt on a charge, of fajjl-r /'■■■ tog; to> mainta'in^is three , children . ■vo?jM^'JJapha&l- -i'aidHhat tKje 1 'defendant * ; : '"\ *r - X V: ! ■''(', t v Ifhe-loriginal ; information * wa's ''witni 7 ''^ drawn. ;. ••■•■>.■ ■ -. ft\v .■■••^^jtd Senior-Sergeant Ryan then asked' 'for '^ [an order for maintenance/ • .«;-. I Mr Raphael submitted that th¥ ; - I children should never have been iii that house at all, as Somerville could have made arrangements. - " It's a sad ttate of affairs," remarked the Magistrate. Mr Raphael (to Mr Buchanan): Do : you not send out accounts foF the I amounts owing ? , / •■■■<. .-■ . •■■' : Mr Buchanan : Not if. we do not know where the Derson is; . ; The Magistrate advised Senior-Ser- :.\ ■geant Ryan to lay the information ■ 'suggested. ; „.,;... .-,.•.• ... . Mr Raphael ; -asked that the children be handed v oyjer.-tonthejrfa^bcrf). : .. V ' 1^ =>.j« v The Magnate ,'conieh'ded ; vihat ' he <: had not . the .power to, .dp. that, Itv would be necessary to :jgo to ,the ~ Supreme Court for. that. . ' \ Mr Raphael said that the order of the Supreme Co\irt m the decree absolute was that the custody should be given to the father. The Magistrate said that the father could not expect any sympathy from the . Court, having neglected his children for so long. He remembered the efforts taken to locate the defendant, ; and the matter had eventually got into the hands of ,the Minister for Justice.' During all these months the defendant Jhad taken no notice of the- children;^ ,and had evaded the police. ■' i; 'i>- i r 'Mr Raphael: He was waiting to fm*>-^ out where the children were* r ' I '■ * V):i "J'^Whe Magistrate: He has- waited toorr. ' lpng v ,. ; ' ; -.jv ■•[:< ; ::.i . •■ r-A.i ■)■-.„■ '.'■ : s H^ added -that if the defendant really wanted to find outiheconHb::/ •haVe .'ascertained the whereabouts o£ *fche : children by apolyjng: toHskegncaresfrs ;Qonstablei jMr'. Raphael consented to an order, that stated thatjch,e, de^endaj^fj^sftioii (flna^eiiijly was very bad. ~~ iao*he "defendant, m his evidence, said ... -th&t. he was a labourer, and had for the past four months/beenjt^ojking. on/ . a firewood contract aui of Taumarunui. He. lost on the contract, jand^^ad . fl^pney, „ He could 'co^back "to a saw- " n>fll job there at 16s a day;;'. . '/ ' ::: Questioned by Senior-Sei-geant Ryan, he said that before going to the Nortn ; Island he was working at a freezing ; works, but there was very little to be earned then. He could . get no work m Canterbury. He had arranged for the boarding of himself and his children for £3 per week. He was quite prepared to do his best for the children. The Magistrate : You seem very anxious, to take advantage of the chance, don't you ? The Magistrate said that he would wipe the .slate clean and start again from to-day. Defendant would be ordered to pay the sum of 10s a week for each of his throe children, the first: payment to be made on July 29.