"WE ARE ONLY FRIENDS"

NZ Truth, Issue 1273, 24 April 1930, Page 2

"WE ARE ONLY FRIENDS"

Maintenance, If Wife Keeps Away From Another Man WHITE COUPLER TANGLED SKEIN (From "N.Z.. Truth's" Special Christchurch Representative.) After having been ordered by a magistrate to keep away from a male acquaintance, Dorothy Irene "White, a' young married woman, went, to live m his home. Her excuse for so doing was that her husband had failed to maintain her, and that she and her two children had to go somewhere to live.

WALTER FAIRLIE WHITE refused to support her because 'of this, with the result' that at practically every sitting of the Christchurch Maintenance Court m the past few months the couple have appeared m an attempt to have mattex*s stx-aightened out. On March 18, 1929,; under a sepai'ation order Mrs. White was given custody of the two young children, and White was ordered to pay' maintenance to his wife and children. One of the conditions of the order was that Mrs. White was to\keep away from ainan called Godfx-ey Chattaway. After the order was made White neglected to pay the maintenance, and, because of this failure, Mrs. White went to live m Chattaway's home. White was charged with failing to maintain his wife and a conviction was entered against him. It was contended by ■ Mxv W. J. Stacey, counsel for Mi-s. White, that the woman was cpmpelled to go to Chattaway's to live as she was l'eceiving no maintenance: She - did the housework for Chattaway's crippled mother m return for which she and her children were kept. Chattaway occupied a tent on the premises. SPOTLESSLY CLEAN Subsequently Mrs. White for a variation of the ordex- made m March, 1929, asking that she be released from the condition which prevented her gohxg near Chattaway. When this application was brought before the court a few weeks ago Mr. A. W. Hobbs, counsel for White, said that there had been an admission of misconduct between Chattaway and Mrs. White when. Chattaway was divorced. "This woman might constitute herself as Chattaway's" mistress'," he said, "bxit it is not right for her children. White wants his Children and has arranged to N keep them. If Mrs. White wants to keep them there is no excuse for 'her going back to Chattaway. Thex'e is no excuse that she was driven to immorality." He had seen the childr-en recently, and both had unbandaged sores on the backs of their hands, and thex-e was dirt m them. "It is not fair that they should have festered hands," he remarked. His reason for not* having paid maintenance after the separation order was made, he told Mr. Stacey, was that We could not find his wife's address. He had £6 to give her.in July, last. Mr. Stacey: Why did you want her address?— l wanted to see the children. You know the children ai'e. spotlessly clean?; — I don't agree with you. You wouldn't pay maintenance while she was living with Chattaway? — That was -one reason, but the main reason was that I had ''no,, money. One of your troubles is gambling? — No. • Mr. Stacey infoi'med the magistrate, Mr. H. P. Lawx-y, that he had seen the children himself, and, m his opinion,- they had been well cared for. White: It is riot a very good atmosphere for them to live m. A "We wouldn't pay maintenance as long as Mrs. White lived with Chattaway," Mr. /Hobbs said, "and that has been recognised. She has delibex-ately flouted the ox-der m going to live with him. If she wants to live with him we can't force her to live with anyone else." He explained that White was fond of his children and wanted the custody of them. He. had .regained his old position, and had arx-anged with his married sister to take his children.

When the wife, Dorothy Irene White, was called, she admitted that she was living at Chattaway's place, but said that Chattaway slept m a room outside. After the separation order was made, she weixt to wor,k, taking one child with her, and leaving the other with her xxxother. After a time her mother found that she could not keep the child, so witness was compelled to take it again. Mrs. White said that she could riot take both children to the place at which she was working and so was forced to give up her position. She went to Chattaway's to live as there (was nowhere else that she could go. Her mother was unable to keep her and the two children any longer. "What are • your relations with Chattaway?" asked Mr. Hobbs. / . Mrs. 'White: We are only friends. Mr. Hobbs: Was fyis the only place you could go to? — Yes. Why couldn't you have gone to your brother's? — My sister-in-law would not have me there. What were the grounds of Chattaway's divorce ? — Misconduct. With whom ? — With some person unknown. Didn't you sign an admission of it? —No. Was your name mentioned m court? —No. The magistrate asked Mrs. White where her children were that day, and she informed him that she had left one. with her mother and the other was at school* The Magistrate: I thought that your mother could noClook after the child? — She can for one day. Mr. Hobbs: If you did not have the children could you get woxic? — Yes, but I want lxiy children. You know that by going back to Chattaway you were^fjouting the court order? — But what about the children. They had to be kept. Did you try other relations? — They are not friendly with/me. "FLOUTED ORDER" . What about White's relations? — They will not speak to me. The magistratp l remarked that Mrs. White had flouted the order of the coxirt. There was no need for her to have gone back to Chattaway. Mr. IJobbs asked that White be. given possession of the childx^en for a month to see if they would be well looked aftex\ He was fond of the children, he said, and his married sister would look after them. Mr. Stacey contended that the children were well looked after by their mother, and he suggested that the case be adjourned for a time to allow Miss E. Cardale, child welfare officer, to report on theix* conditions. The case was remanded for a week and when it was aigain brought befoi-e the court Mr. Hobbs said Miss Cardale had seen White's sister, and learned that her husband was not m favor of taking the children. He" would do so tempox'arily, however, until White could find.a home for them. The magistrate gave Mrs. White custody of the children, and her husband access to them. > White was ordered to pay 30/- a week and to pay off. £10 arrears on the first order at the rate of 5/- a week. The magistrate said that he had made the order because he thought it would be best for the children, but it was made conditional on Mrs. White's remaining away from Chattaway.