CUSTODY OF A CHILD

Press, Volume LXXVI, Issue 23129, 19 September 1940, Page 10

CUSTODY OF A CHILD

♦— — appeal court hearing (PRESS ASSOCIATION TELEGRAM.) WELLINGTON. September 18. The Court of Appeal to-day heard an appeal by Eliza Janet Noone, of Dunedin, from an order made by Mr Justice Kennedy at Dunedin on July 22, 1940, granting the custody of her son George Frederick Noone, to her husband, Frederick Noone, formerly of Waikouaiti, farmer, but now oi Dunedin. , . IQ9 „ The parties were married in laza. Two children were born, Molly Gwendoline in 1929. and George Frederick in 1930. In February, 1935, the wife left the home at Waikouaiti and commenced proceedings in the Magistrate’s Court, Christchurch, for separation and guardianship orders. These proceedings were settled, and a deed of separation was executed which gave custody of both children to the wife, with certain access to the father. Disputes later arose between the parties as to this access, and in September, 1937, the Court made an order defining the access to which the father was entitled. This order was disobeyed by the wife. Proceedings were taken against her, and she was sentenced to a small period of imprisonment. In November, 1939, the husband commenced divorce proceedings. A decree nisi was made .in May, 1939. In April this year the husband applied for a decree absolute and an order giving him custody of the male child. Mr Justice Kennedy, by whom the application was heard, took the view that the child’s welfare would best be served by making an order in favour of the father, and did so. From that order the wife is appealing.