A MOTHER'S CHOICE.

Auckland Star, Volume LV, Issue 251, 22 October 1924, Page 8

A MOTHER'S CHOICE.

CUSTODY OF CHILDREN. QUESTION OF MORAL CHARACTER. Finality was reached to-day in the Supreme Court case commenced on October 1, and adjourned, in which the father of three children sought to have their custody on the grouuds that the : mother, who liad been twice divorced on the grounds of misconduct with the same co-respondent, wae not a proper person to rear the children. Frederick Finlayson Ziegler, formerly a storeman, now a barman, of Auckland, was the petitioner in the action. It was set out in the statement that petitioner married Gladys Irene Noonan, spinster, at Parnell on December 24, 1013. There were three children of the marriage. On November 1(5, 1920, a decree absolute was granted, the marriage being dissolved on the grounds that Mrs. Ziegler had been guilty of misconduct with Robert Kydd, electroplater, of Wanganui. The action was not defended by Mrs. Zeigler, who was allowed custody of the children. Leave to apply for custody was granted to petitioner. On November 22, 1920, Mrs. Ziegler married Cecil Raymond Sparks, gas fitter, of Auckland. On August 14. 1923, the Supreme Court found that Mrs. Sparks had committed misconduct with Robert Kydd, now described as a labourer, of Auckland. Respondent was divorce! for the second time, the action being undefended. Mr. Martelli represented petitioner, and Mr. Luxford appeared for respondent. At the hearing on October 2 it was shown that a female officer of the Society for the Protection of Women and Children had called on Mrs. Sparks in order to inquire as to the manner in which the children were cared for. The judge adjourned the case in order to hear evidence concerning the reputation and mode of life of Mrs. Sparks. It was stated' to-day that Mrs. Sparks was keeping company with a married man. The inspecting officer of the society stated in evidence that the children appeared to be well cared for. The only question concerned the morality of the mother. There was a dramatic moment when Mrs. Sparks was ushered into the box. "I do not want to taka the children away from their mother," said Mr. Justice Herdman. "But the matter lies in your own hands. You must choose between this man and the children." After a pause Mrs. Sparks said: "He wants to marry mc." His Honor: But he cannot. He is a married man. Later on he might be able to marry you. His Honor made the position clear to Mrs. Sharks, who made certain promises. The ease, was adjourned sine die. to be brought on at 4S hours' notice. The society's inspector undertook to visit the children once, every fortnight, and she was instructed by his Honor to report immediately if the mother's conduct warranted further intervention.