CUSTODY OF CHILD

New Zealand Herald, Volume 78, Issue 24144, 10 December 1941, Page 8

CUSTODY OF CHILD

FATHER'S CLAIM FAILS WELL LOOKED AFTER (0.C.) HAMILTON. Tuesday An application for the custody of his child was made before Mr. Justice Ostler in the Hamilton Supreme Court to-day by Andrew Philip Johnston, labourer, Hamilton (Mr. Wiseman). The respondent was Frederick Ward, farmer, Manawaru (Mr. McGregor).

The circumstances were that when applicant's child, a girl of 11 years, was born, the mother became) ill and was still in hospital. The child went to stay with her aunt, the respondent's wife. The aunt died in 1936. Respondent re-married in 1939, but the child continued to remain in his care. The respondent said he had not received any maintenance for the child, and when the applicant forwarded £1 in July, 1940, he returned the money and suggested that it be placed in a bank for the girl. The relatives had occasionally sent clothes. Witness had provided for the child in his will. He added that it would be a great jov to him to hand the child over provided the mother recovered her health and the father had a home for the family. Mr. Wiseman said he wished to express his client's gratitude to Mr. Ward for his kindness to the child. The applicant said the child had visited her relatives several times since 1937.

Mrs. Sarah Moncur, sister of applicant, said she considered it would be better for the child if she were with her parents' blood relations. She herself would be glad to look after her. In dismissing the motion, His Honor said the child was being well looked after, and was quite happy wjiere she was. It was in her best interests that she should remain where she was rathdr than that she should go to people, who although blood relations and estimable persons, were practically strangers to her.