MOTHER'S APPEAL

New Zealand Herald, Volume LXXVII, Issue 23817, 19 November 1940, Page 9

MOTHER'S APPEAL

CUSTODY OF CHILDREN REFUSAL BY THE COURT ORPHANAGE CARE PRAISED. A mother's application for the custody of four of her children at present in Presbyterian orphanages was heard by Mr. .Justice Johnston in the Supreme Court yesterday. The plaintiff was Mrs. Lena Jessie Walter (Mr. Schramm), who claimed custody of the children from Mrs. Martha Staccy (Mr. Munro), who had been appointed their guardian by their father. Francis Leopold Carleton. The ground of the application was that it would be in the best interests of the children. Mr. Ryan appeared for the Public Trustee, who had been appointed executor and trustee under Carleton's will. Mr. Schramm said the children were a boy aged 14 and girls aged 32, ten and eight. Carleton left an estate of approximately £'-5000 to be administered for the benefit of the children. The plaintiff had been divorced by Carleton. His Honor interviewed the children privately before giving his decision. He said the first principle to be regarded was the welfare of the children, interpreted in a wide sense. A home founded as the applicant's was might have an atmosphere not altogether favourable to bringing up children. It was necessary to be sure that the change asked for would be to the advantage of tiie children. "I have seen tho children," His Honor continued, "and in my view they are a credit to the institutions in which they have been brought up. They are obviously well cared for, healthy and bright, and if their education is continued along the same lines these children certainly have a very good future. All the circumstances make in is believe that the welfare of the children is really dependent upon the; continuance of tiie present system, which was initiated by their father. It would be a very wrong thing indeed to make the change asked for. The children are perfectly happy and well where they are, and likely to prove useful and good citizens." His Honor dismissed the summons and allowed costs to the defendant, to be borne out of the estate.