WHEN PARENTS PART.

New Zealand Herald, Volume LXII, Issue 19195, 8 December 1925, Page 12

WHEN PARENTS PART.

CUSTODY OF CHILDREN. DECISION BY A JUDGE. When husband and wife with children are divorced by which party shall the children be cared for? Tins was the problem which was presented to Mr. Justice Ostler in the Supreme Court at New Plymouth last week. Since their mother, Mabel \\L Mac Donald. had been successful on a counter-petition for divorce at the previous session oi the Court, the children had lived with her at \\ anganui in terms of an order for interim custody given Iter by the Judge. It was for a variation of this order that Stuart K. MacDonald, Tanner of Kakaramoa, asked. For Mat Donald, Mr. P. O'Dea urged that the father should havo the custody of tho two boys and tho mother that of the two girls, each party to have reasonable access to the children, not under their special care. Quoting authorities in support of his argument, Mr. O'Dea submitted tjiat tho interests of tho boys would be best served by leaving them with the father. Mr. L. Cohen, for Mrs. Mac Donald, strongly urged that tho mother should have the custody of all tho children. " It. seems to mo that the principle, is this," said His Honor after considering the case during tjio luncheon adjournment, " the first caro of tho Court is the best interests of the children. Secondly, the Court must consider tho conduct of the parties, with special reference to the interests of the innocent party. In this case, Mrs. Mac Donald is the innocent party as found by the jury. I have had a talk with the boy and ho says ho prefers to live with his father, but at tho samo time, considering tho matter, I can sec myself that in tho boy's best interests it would be better for him to bo with his brother and sisters. At Wanganui he will undoubtedly get a better education than he could got at Kakaramoa. " It is only where it is proved to bo to tho advantage of the children that custody is given to tho guilty party," tho Judge continued. "In this case tliero does not seem to be any advantage." His Honor made an order giving the mother custody of tho children, reasonable access to bo given to the father. It was provided that if either party should marry application could bo made for a. variation of the order, while in two years time the father, if ho so desired, could apply for a variation of the order with respect t'o tho elder boy.