CUSTODY OF BOY

New Zealand Herald, Volume 80, Issue 24760, 7 December 1943, Page 5

CUSTODY OF BOY

SEPARATED PARENTSj

CASE BEFORE TWO JUDGES The hearing of a child custody case which was recently remitted by the Court of Appeal for a complete rehearing was commenced before Mr. Justice Fair and Mr. Justice Callan yesterday. The parties were Thomas Gordon Morrison, of Devonport, master mjyiner (Mr. Dickson), and Mrs. Veronica Hatfcon Avery (Mr. North), each of whom sought the custody of their son, aged 13.}. In June last Mr. Justice Fair decided that an order should be made giving custody to the mother, the father being allowed access at week-ends. Against this the father appealed, and the Court of Appeal vacated Mr Justice Fair's judgment and directed a complete rehearing. The parents separated in 1936, and in 1939 they were divorced on the ground of desertion by the husband. Both have since re-married.* Father's Contention Mr. Dickson said Captain Morrison was making application for custody for the main reason that he felt that the child was now of an age when he needed a father's care and control, and also because the boy definitely wished to live with his father. Counsel invited Their Honors to see the boy alone and talk with him. Mr. Dickson said that last year Gladys Joan Battershill was granted a* decree nisi against Cyril Alfred Battershill on the ground of his adultery with Mrs. Avery, the defendant in the present proceedings. Her husband was a prisoner of war. She had prevented Morrison from seeing their boy, and the boy entered into clandestine correspondence with his father. Afterward the position was reversed, and the father was given custody and the mother access. Difficulties arose about the access. Counsel had not called evidence about the adultery because the case had not been contested. Mr. Justice Callan pointed out that it was possible that the co-respondent in that case, Mrs. Avery, had not been notified of the charge against her. Boy Not to be Called The plaintiff Morrison confirmed evidence he had previously given, and said he was now living in a much better flat. He wanted custody of his son, but had no objection to his former wife having reasonable access. Witness denied to Mr. North that he had done his best to blacken the defendant in their son's eyes. When Mr. Dickson asked permission to call the boy as a witness, Mr. Justice Callan said it would be sufficient for the Court to the boy. Gladys Joan Battershill gave evidence concerning her divorce from Cyril Alfred Battershill, and described finding her husband in a house in compromising circumstances with Mrs. Avery. Authoress of Novel Questioned by Mr. North, witness admitted that she was the authoress of the novel "Divorce Has Been Arranged," under her maiden name of Joan Hewett. "If you read it you will find there is not very much about divorce in it," she said. Mr. North read an extract about obtaining divorce on the "usual ground of infidelity." In answer to Mr. Justice Callan, witness said the scene was laid in England. Mr. Dickson: She is one of New Zealand's successful authoresses. Mr. North: 1 am going to suggest to you that here is a case where your divorce was arranged P Witness: Definitely, no. Mr. North called Peter Katavich, who was in the house when Mrs. Battershill and a private inquiry agent visited it, and he gave evidence to show there had been no misconduct. _ The hearing will be continued this morning.

SWIMMING CENTRE AUCKLAND CHAMPIONSHIPS The Olympic pool at Newmarket was decided upon as the venue of the Auckland swimming championship meeting to be held on December 21 and 22, at last mght's meeting of the centre. Mr. J. R. Miller presided. The South Auckland centre requested that for the New Zealand championship meeting affidavits be accepted in lieu of birth certificates. as laid down by the rules. It was decided that the rule must be adhered to. but if circumstances arose whereby it was found impossible to furnish a birth certificate, the matter would be referred to the New Zealand Council.

The chairman again stressed the need for accommodation for the visiting swimmers. It was stated that as the majority of competitors would be young peop.e it was desirable that they should be quartered in private homes It was decided to issue each club with forms to make a canvass of old swimmers - The New Zealand Swimming Council advised that all dives at the New Zealand championship meeting would be taken from the three-metre board. It was resolved that Allied servicemen who had joined a club would be eligible to take part, and if successful, to hold an Auckland championship title. Mr. W. Elwarth and Miss E. Tilsley were elected manager and chaperone respectively for the women's, intermediate and junior New Zealand swimming championships to be held at the Olympic Pool on January 19. 20 and 22. Assistance in swimming tuition and the conducting of tests of members of the Auckland branch Navy League Sea Cadets was agreed to. • Parnell Club. -The Parnell Swimming Club held its opening combined gymkahana of the season at the week-end. Results:—so Metres, men: B. Davidson (Waitemata), Be, 1; R. Stanbrook (Parnell), 4s, 2; A. Roberts (Parnell), Bs, 3. Time. 31s. 50 Metres, women: J. Hill (Mount Eden), scr, 1; P. Martinson (North Shore), Is. 2; J. Russell (Parnell), ss, 3. Time, 33 l-5s Dual relay, 66 2-syds, final: B. Smith and Miss J. Bir.es, scr, 1; A Roberts and Miss J. Hill, scr, 2: R. Stanbrook and Miss B Hill, 2s, 3. Time, 42 l-ss. 50 Metres back and breast-stroke: Miss Rudonich, 1: Miss N Shaw. 2; Miss D. Ponder, 3 Time, 525. Open dive: B. Smith. 16 points 1: C. McNamara. 15. 2; I. Fitness 14. 3.

WRESTLING CONTESTS There was an unusual ending to the professional wrestling match at the Town Hall last evening between the two New Zealanders, Lofty Blomfield and Ken Kenneth. In the seventh round the men went over the ropes on to the staging, and then rolled on to the floor in front of the side stalls. They remained grappling until the referee had counted the regulation 20 seconds and, as neither had returned to the ring within that 6pace of time, a fall was awarded against each. Prior to this, they had obtained one fall ea'-h, and so the contest ended in a draw. Kenneth won a fall in the third round with a press following flying tackles and drop-kicks, Blomfield evening in the next round with a press after a succession of jolts. It was the most spectacular bout of the season. Blomfield weighed 16st 51b and Kenneth I6st 4lb. Corporal W Williamson was referee. The Preliminaries. —In keeping with the main contest, the preliminaries also pleaflen the large house, lai Yates, 14st tilb. substituting for an American professional who was unable to appear, lost on points to F. Boric, 14st 101b, neither obtaining a fall. In the amateur section. J. Gemmell 9st 101b. beat L. Hawkins, lOst. by one fall, and V Rawle lOst 81b, beat J. Wright, lOst 61b by one fall. Mr. F. Murphy was referee.

GOLF COMPETITIONS Akarana Club.— Following is the draw for the first round of the Summer Cup, to be played next Saturday:—F. Busby and W. Far re II v. L- Hill and A. Steel; H. Valentine and II W. Fisher v. B. Smith and H. Brett: N. Robertson and A. E. Robb v v\ . Rogers and D. McKay; B. Parker and L. Gibbs v. A. Smellie and H. Carbury; J. Sweeney and J. Earle v. L. Anderson and T Kirkup; J. Stenberg and D. R. Garrard v. C. Goldfinch and D. MacCormick; W. Birkenhead and'J. Tanner v. M. kiely and N. Laud; J, Frankhain and W. Asmuss v. J. Mud i? way and K. McCraig; C. Motion and A Barker v. D. Coyle and G. Herring; S. Hedley and T. Maxwell v. F. McSherry and J Marshall; J. Linton and C. F. Paull v. W. Boyle and J. Dormant J. Swanson and J. McKenzie v. W. Crouch and T. Smith; H. Todd and H. Anderson v. G. Cornes and G- Brewer, a bye.

PIGEON RACING Auckland Federation. —Race from Wellington: J. Wallace's Alexcelia, 1402 yds. 1; D Wallace's Shannon Lass, 1435 yds. 2: 1 Kemp and Son's Persevere. 1434 yds. 3. Ftom Chnstchurch: J. Brown's Ohara. 1123 yds, 1: F Sisson's Midian Star, 1122 yds, 2; F. Whitley's No. 332, 1121 yds, 3