CUSTODY OF BOY

Auckland Star, Volume LXXIV, Issue 295, 13 December 1943, Page 4

CUSTODY OF BOY

decision by court

FATHER'S APPLICATION FAILS

the application of Thomas .1 Tvirc: Veronica Hattcn a vc S NiAh),'judgment given t>oecember 1939, a glve „ to the custodj oi tne ui „ being rewife, reasonab h The mother served. to the q f f n U a n d the father in remarried in 1940 children of 1941, neither having anycii Averv , g the second maiiiage- and w hen husband went to th . ' f war last heard of was a pnsone marrie d in Italy, In A "ff' dec ree nisi in SSe founded on her husband* SfSSflKfSfe'MS hearing by two judges. Moral Character Cleared In ?o'd"v Mr ]iVs C tfce e Callan said duct with the man whose wife obj Morrison f 'readily l admitted that, ex- ! for Mrs. Avery's alleged misbehaviour with this particular n\an he had no other ground for doubting her moral character. That question had now been thoroughly . eated All the evidence having now been heard, and all the witnesses on both sides having been thor oughly cross-examined, the position was that any charge of any kind against Mrs. Avery's moral charactei com pletely failed. The other ground for the application was that the boy had reached the ase when the guidance and control of a man would be more beneficial to him than that of a woman, especially, as the father was in a better financial position than the mother to give the boy educational advantages and a good start in lite. The boy had affection for both parents. It was admitted that the mother, who had had sole charge of him since he was six years of age, had brought the boy up well. After having traversed the evidence and the impression made on the Court by the boy, his parents and Mrs. Morrison, his Honor said the Court felt that the boy reflected credit on his mother's upbringing, and that control which had been found satisfactory should not be lightly disturbed. The Court -decided that the solution in the boy's best interests was that he should remain in custody of the mother, and that reasonable access be allowed the father. The access suggested was that the boy should spend half his school holidays with the father, and also week-ends when the father was available to devote his full time to him.

The father's application was dismissed. and the defendant allowed £42 costs and disbursements.