Aust, court evades custody case

Press, 14 May 1985, Page 9

Aust, court evades custody case

A Christchurch mother has flown home with her seven-year-old son, unable to gain legal custody of him from the children’s home where he ended up after being taken to Australia by his father.

Christopher Fell was taken to Australia 4% years ago, according to Mrs Doris Church of the Battered Women’s Support Group. The boy was put in a number of foster homes before ending up at a children’s home.

On November 15,1984, the Battered Women’s Support Group arranged for the boy’s mother, Ms Elizabeth Fell, and another local woman who was also looking for her son, to travel to Australia. “It was our last shot because she was so desperate to get the child back.” Ms Fell, aged 28, found her son about a month after arriving in Australia and began negotiating with Aus-

tralian courts to have the child returned to her custody. Mrs Church said there was no legal requirement for Ms Fell to go through the legal system as she had legal custody of the child in New Zealand, but it had been decided to do it as a formality.

“In order to keep on good terms with them she agreed to stay and get to know the child. The whole situation got to the stage where they were taking a hard line. In the end the only thing she could do was pick up the child and leave,” Mrs Church said. Mrs Church said she did not know why the courts were taking so long in granting Ms Fell custody. No-one else had sought custody of the child, who remained, until his flight home on Sunday, in the children’s home. “There needs to be a major inquiry into the whole matter. We have

heard it said that some legal action could be taken against us and probably we should encourage any communications in that respect. “It is more than just a matter between this group and the Australian court. It is an issue between the two Governments and the two court systems,” Mrs Church said.

Mrs Church said the Court’s line seems to be hardening before Ms Fell left and she was being granted less and less access to Christopher, for no apparent reason. At her last hearing in February the case had been adjourned, with no new date set. The Battered Women’s Support Group has made submissions to the Minister of Justice and the Minister of Police regarding custody disputes between the two countries. Mrs Church said she was awaiting a reply from the Minister of Justice in this particular case.