CUSTODY OF CHILD

Greymouth Evening Star, 20 September 1940, Page 5

CUSTODY OF CHILD

APPEAL DISMISSED. [per press association.] WELLINGTON, September 19. The Court of Appeal to-day dismissed the 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 of Dunedin.Expressing the opinion that the appeal should be dismissed, the Chief Justice (Sir Michael Myers) said Mr Justice Kennedy had an opportunity of seeing and hearing both parties, and also the children. That was an important factor which the Court could not overlook. It was not suggested by the appellant that Mr Justice Kennedy acted on some mistaken view of ttie law and, indeed, it was clear that the view of the law on which Mr Justice Kennedy acted was correct. He could see no reason for suggesting that the order giving custody to the father was made in error, or for varying it. . Mr Justice Blair and Mr Justice Northcroft agreed, and the appeal was accordingly dismissed.