MOTHER'S ACTION.

Auckland Star, Volume LXVII, Issue 134, 8 June 1936, Page 5

MOTHER'S ACTION.

CHILDREN REGAINED. COURT GRANTS CUSTODY. COMMENT BY MAGISTRATE After having removed four of her children from the care of an orphanage a mother was given custody of the children by Mr. Wyvern Wilson, S.M., in the Children's Court on Saturday morning, and the magistrate refused to confirm the agreement between the management of the orphanage and the father, now deceased, giving the orphanage custody of the children. The manager of the orphanage stated that the children had been admitted on the urgent representation of a country minister, who said that the mother had deserted the father for another man, leaving the children with the father. The father had signed an agreement giving the orphange custody of the children. The father had since died. On May 4 the mother had met the four children on their way home from school to the orphanage, and had taken them away with her. A fifth child, who was too young to go to school, was still at the orphanage, but the mother had applied to have it returned to her. "I cannot see that an agreement made by one parent, who subsequently dies, limits the rights of the surviving parent in respect to the children," remarked Mr. Wilson.

On behalf of the mother it was submitted that in the absence of any will or deed of the late father appointing a joint guardian, the mother was the sole guardian of the children. The mother had no wish to raise a legal point to the detriment of the children. Since she had had them she had struggled hard to keep them, as her widow's pension was withheld pending the Court's decision. The orphanage, it was stated, wished to receive that portion of the mother's pension that would otherwise

be paid to her for the maintenance of the children. She had eight children by her late husband, of which seven were living. She had always retained the eldest and youngest, but the others had been committed to the orphanage by their father. There was no suggestion that the mother was addicted to drink or to loose living.

The magistrate said that under the law either parent or the legal guardian, or in the absence of these any person having control of a child could .put that child in a home or orphanage, and enter into an agreement with the management of the home for the maintenance and care of the child.

"The wording of the Act states, however, that if either parent or any other person attempts to obtain possession of the child by any means during the term of such an agreement the manager of the orphanage or home may apply to

the nearest Children's Court for the enforcement of the agreement," stated Mr. Wilson. "The word 'attempts' is important, as the Act ways nothing of the accomplished fact. The children are now in the mother's possession, and. a different form of application to the Court is necessary if the orphanage wants to regain control of them. Incidentally, I must point out that there has been 110 evidence to show whether the mother deserted her husband or whether her absence was justifiable. As regards the unconfirmed statement that the mother has been living with a man other than her husband, even if she were that would be 110 prima-faeie proof that she is not fitted to have charge of the children. If that were so, all illegitimate children would be taken away from their parents. As a matter of fact, many people who are living together without having been married are bringing up their children extremely well."