THE MEWHINNEYS AGAIN.

NZ Truth, Issue 340, 30 December 1911, Page 7

THE MEWHINNEYS AGAIN.

Iti 'a ■"Clamour iFor the Children. : Court of Appeal Adjudicates. Mrs. Mewhinney having applied to his Honor the Chief Justice (Sir Robert Stout) on Friday, December 8, for the custody of one of her children during the Christmas vacation, her application, .being refused by his Hocor on the ground that it was. beyond- his jurisdic'tiqn' .'arid 'a " ihatter . i-estirig-' with the ffbur't of 'Appeal/';' Oiivef Mewhinney hYed ? an ; 'al)pli(saticth-'for the custody of bprtht o.f- thjs-;Childres. durjri^.. the, Ch.ristinas vacation,, .and-, a special sitting, of. the Court^of 'Appeal.' was" held last week 'to d^fwi%We-»mStf6r' " .if;:..: : ■;.:•; ;:■. ■ ' The'i-BeticK"' --was^dccHipied' by. their Honoxs.. Jsir^_Jj2Stic.e. .Chapman . and .Mr. Justice Sim. . . 1 Mr? Mewninney" 'aTtpeared ""iri 1 ' person m • support v pf: 'his ■ application,- and Mr. A. Gray^appearetl^ori. "behalf-of : Mrs. : Mewhinney to oppose. — j^.-Gr^iy-JSiiijgested-.that.-the. mother. 'sh^outd''naye s the^Ddy, r 'ari^"- r lne" fathei' tfib girl, "but the court held that it could riot vary its own order. . : . His -Honor Mr. Justice Chapman,. after" conferring with Mr. Justice Sim, said 1 -—I have again to say that the sole-duty of this- court is to consider the ; iriterests ctf the- children. No doubt, sdtrie cbnjiideration should be shown to the" feelings of the parents, but the clnldren's interests must be considered .first. .- ; Neither of the parents has a ho'm'ei'orj »at. anyrate, a home to which we should be disposed to allow the children- • to - go, • It . is . impossible to reco'rictle the conflicting interests- of" -th£ parents. The exigencies, of the schools" render it necessary that the chiiareh should be removed during the. holidays,- and the only order that the its way to make is. that Mr. Mewhinney be permitted- to -take the .children to his- parents' place at: Hamp■den/ to return them after the holir :<Jayjg. ?^-;l' A. :■■■.■ . ■ ■