"YOU WON'T TAKE MY CHILD."

Auckland Star, Volume LVII, Issue 96, 24 April 1926, Page 14

"YOU WON'T TAKE MY CHILD."

SENSATION -IN JUVENILE { ; - GOURTv ■■ CHARGE OF HARBOURING OPPOSED. AN EXTRAORDINARY CASE. A sensation -was; caused this morning at T the opening of the Special * Juvenile ' Court in the Y.M.GA., in' a case in which the' father- of a boy was 'charged, ; before Mr. E. C. Cutten, S.M., with harbouring his son after the latter had absconded from ah Industrial Institution. The conclusion of the case,.which throughout had been marked by emphatic protests, saw such, a scene as is seldom witnessed, in a court. " The father of the boy was represented 'by' Mr. J. F. W. Dickson. In evidence Mr. J. S. Cubit, Child Welfare Officer, said,. jthe boy..had been committed to,.the Auckland. Industrial Home on August-16, 1017. In October, 1920, he was-.licensed to hfs *parents. That license was cancelled on. March 17, 192G, and the boy was returned to. the ■ home. He escaped on April {J, 192 G. The father had refused to return the ' boy to the home,' and 'as far as knew the boy had been in his fathers custody, ever since. To Mr. Dickson:. The child was-com-mitted while the father was at the front. . ;. ~ . Mri Dickson: So the father was deprived of his child through no fault of his? And. when he comes, back from tho war the Department was good emnigh to let'him have his- own boy. Did you cancel the license?.. - Witness: Yes.Mr. Dickson: The father is a decent, hard working man, and lias been in steady employment since his return? - Witness: I know -.nothing of- his habits or. of him. Mr. Dickson-said the license had been cancelled because the T>oy had stayed away froiri school and that after he had been home for sii years. Counsel was continuing to place other matters hefore the court when the Magistrate interrupted to say that thpre was no object. in placing such material before him. -.■■,'■ Mr. Dickson': I will take it to the Supreme Court. The Magistrate: I-rule it out here. To Mr. Dickson: Witness said the boy was in the legal custody of the State. Mr. Gibb a Child Welfare Officer said he told the father of the'boy that if the lad came'home he would have to be .returned and' the father agreed, after some time/ to send him back. On April 13' he visited' the 'house.' and' saHv the mother, whd said the cliild had come home. She refused to hand him. over, and so witness got a policemen, who tobk him. back to.the home. Mr... Dickson: said he did not- want it to - appear that they were taking- up a, hostile -attitude to ;the institution or, to.- the,court, hut the circumstances would show that the father was justified in taking-,up the stand- he bad. J-.-.. The Magistrate: As far as -this- court is concerned the boy has ■ beea.' .committed, and the.fath.er is liable:. Mr. .pickson;, X emphatically., protest: If the-.papera would take this up it Would be -a. gooti thing for. concerned^ - The Magistrate: What could the papers do 1 -~•-..• Mr, .'Dickson :• They can. say that this man had.been fighting for his country and finds upon-his return that.his child has been : -taken 'from him. And I say that rid department'ean'takethe place of a parent. ' --••=•■ '/'-,'' .'."'. The ; Magistrate: Not-the place, of,-a' good parent? '

A Respectable Man.

Mr. <■ Dickson said" he ' was' a decent, respectable man,-who earned goodmoney and lived a clean' life. "The Department licenses" out to him his own" child, and because the child was charged with playing truant from school, he is sent back .to the home. At this time, the mother' was in-hospital and the father was working- all day. and could; not work, arid attend .to his child at the same 'time. "When" the child ii>,''taken!.from. him, he ■protests," said Mr. Dickson,-"and; your Worship would have done-the same thing,' and I venture to suggestthat j T ou would have made further-.'representations than I have done. You say your hand- is bound because he .comes.under .the Penal section of the Act, and I am going to; protestr I suggest, that my duty ' is' to, bring the whole facts before you.;.. I;,ahf not attacking the Department, but I don't: admit' that any department can supercede the parents except in. extra? ordinary circumstances. The whole matter .should be reviewed by a magistrate.

The Magistrate \ Rehear ~a case-t ten years old? '•••-•■•

Mr. Dickson: But the father has.been away. '.' '

The Magistrate: Surely there is no need for • tliis. You can make. your representations to the Department..

, Mr. Dickson:'l did that and Mr. Cubit said it was in the hands. of the police; and when the boy was returned ? be repeived' : a thrashing that confined_ him "to bed'for a week.

■Mr.. Cubit (rising in protest)':" You have'no right to say'that. He'was thrashed,'but, not-for running away.

• .The' Magistrate: '•• You ';.., can pub-' the matter before the superintendent. t

. Mr.: Dickson: A- departmental officer who - will support his ' department. ' I make formal.application that' the - ease be-adjourned until I can bring it" before, the.'Minister.- ••"•':

The Magistrate:. It' would.be wise if you. sent the boy back to the institutionin the meantime.

■ '.'Mr. 'Dickson:' Th.Wfath.er, says -he. willt" go to gaol .and;won't let any department •come between ' him -and; the boy. '.. That view is reasonable. Tf "the Department is going to. manage individual eases-like this, then the /Act is going to break down, where the-Department can, ipso facto, take a child awky from his,;pa,rents.'.'"' The Magistrate.:. Those-arej'the.yiaws of cv.cry- defendant.in a Court case. -j. will adjourn the matter, hut it : is a : serious charge and I can't let .the chiM, go' back.- 'It' is. in possession of "the) Gourt at present. .• - - .--•" ',?•' • V. ;

Mr. .Dickson:-The child, will;get away again, 'evenvif Cubit thrashes';.it. ■} v

Mr.. 'Cjibjt •;( again., rising "-in", protest)': TJiat;is.not;:thejthing:td:.say. V.: -::- ;r - • t Mr. Dickson: - -I Will-believe? the child when he says he was thrashed. ". 4 J'-'' " The]/Magistratej '•' The-..boy ! <"^o'rd , .is not necessarily to be-'accep~t'edj.i'|mt why quarrel:,with Mr. ■»•.; .;'.'■ '.'•» *MrV"Cuhit: v "if .ypii present Yon?' case' to- the -snpVrjnt'frnient yai!. will consideration.-. .>- x . . \-y. ';•,■:.'■: ~ Mr. Dickson: Maybe. —-- "•

' JDase Adjourned . ■~Tfia Magistrate.-said lie would adjoiirn' -the case .for; a; weiky-jand suggested .that in-;' the mean. - time " ; the K hpyr ;s)io'sd;' g9 ; ' quietly-hack-to'the k 'ihoifle." -i-i*-?> -

;. Mr. Dickson j' '<JR°ss&\ljygry ..well to sii. back there 1 anllTlet the child go hack to that home. No man would permit it. ; i i A . ...: ,-. '.', The 'MSgfsprite •*• -The fact of'the hoy being at the home for a week will not affect the guardianship one ; - way or the other. Mr. Dickson: And being with the father won't affect the position, and 1 suggest that he be, allowed to go to the father. •••'., •'•" ■ .. ~.-"' , The Father: I will - take him with mc. Senior-Sergeant > Edwards: The hoy must be returned. .. The Magistrate: I can't do anything else but order his return. V Mr. Dickson: .He will . run away again. The : Magistrate: - It' will not do you any good. The Father: What grounds are you taking the hoy on —that's what I want to know. A climax was reached when a sergeant of joKee advanced to_ take the boy, who was standing near his mother. The woman'threw her arms round her son and, with tears streaming from her eyes, screamed: "You won't take the child 'from mc," arid--pushing aside Mr. Gibb, said: "You hound, you coward! Yon. won't take him." • Father -Bradley, however, intervened, and after consultation in another Toom, the parents; agreed 'to let their child go back to the home for one week.