CUSTODY OF CHILD

Greymouth Evening Star, 19 September 1940, Page 12

CUSTODY OF CHILD

APPEAL COURT HEARING. [per press association.] 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 Noorie, formerly of Waikouaiti, farmer, but now cf Dunedin. The parties were married in 1928. 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, ■ Christ-j church, for separation' arid guardian-, ship orders. These proceedings were settled,- and a deed of separation was executed which gave; custody of both children to the wife, with certain ac-

cess 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 i order giving him custody of the male child. Mr Justice Kennedy, by whom the application was heard, took the I 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.