CUSTODY OF BABY

Gisborne Times, Volume LXXIII, Issue 12080, 20 October 1933, Page 2

CUSTODY OF BABY

JUDGE REFUSES TO TAKE CHILD FROM MOTHER.

FATHER’S PROCEEDINGS FAIL

(U.P.A. by Elec, Tel. Copyright)

SYDNEY. Oct. 19

Litigation concerning the custody of the baby daughter of Mrs. Janet Mary Tole, of New Zealand, had an abrupt ending in the Supreme Court before Mr. Justice Long-Innes.

The child was brought here aboard the Wanganella 'on Tuesday by the mother, who is taking her to England in Saturday’s liner. The father, who is now coming from New Zealand, desired to prevent the- mother having custody, and instructed a Sydney solicitor to apply for a writ of habeas corpus

Durino- the proceedings an effort was made to compel the mother to ente r the witness-box, but the judge declined. Mrs. Tole ’eft the court.

During an argument with the solicitor, the judge said he saw no reason why she should not leave, and n° reason why she should be used to prove tlie ease for the other sideThe judge also hinted that legisla tion was now before Parliament to alter cases such as this whereby the husband is the sole custodian at law. A writ of habeas corpus was refused

ONLY A PRELIMINARY APPLICATION. (Press AssociatfonJ AUCKLAND. Oct. 19 With reference to the Tole case Mrs. Janet Mary Tole is the wife ° r Mr. G. Tole, architect, of Auckland. She left with her child on the IVanganella to visit hey mother, Mrs. Percy Chrisp, formerly Mrs. Clarkson, of Christchurch, who is now in London. Mr. Tole’s solicitor said the the case was actually a preliminary application by the father for an order to prevent the cliiid being taken beyond Australia, while lie was on his way from Auckland to Sydney to obtain posession of her. The father not being present to give evidence on his own behalf, and the mother declining to go into the witness box, the judge apparently decided that his only course was to discharge the rule nisi, leaving it open for further Proceedings to be brought by the father upon his arrival in Sydney. Mr. Tole left Wellington by the Mnunganuj fo r Sydney last Tuesday. The child is a two-year-old daughter.