WRIT IGNORED BY MOTHER

Southland Times, Issue 23943, 9 October 1939, Page 3

WRIT IGNORED BY MOTHER

JUDGE’S STRONG COMMENT

(United Bress Association) CHRISTCHURCH, October 6. Although Mr Justice Northcroft on Tuesday grapted a writ of habeas corpus calling on Helen Christie Falconer to appear with her son in the Court today she did not appear. His Honour received a letter and a doctor’s certificate to the effect that the boy was not well.

“Under these circumstances it is most difficult to proceed,” said Mr Thomas, appearing for George Falconer, the father of the boy, who obtained the writ of habeas corpus seeking to gain custody of his son. “It appears that this woman is positively recalcitrant,” said his Honour. “I shall take no notice of her. letter. This case can be dealt with only by the proper procedure of the Court and she must understand so. This certificate about the boy’s health is only such a one as any complacent doctor might write, but might not be prepared to maintain under cross-examination.”

If the plaintiff wished to proceed for a writ of attachment, his Honour concluded, he would hear counsel upon, it. Mr Thomas said that if the question of the boy’s health were seriously raised he would ask Mrs Falconer to permit examination by other doctors. “Since it seems that what prevents the boy from being brought to Court today is very trifling and should soon be remedied . shall stand the case down until Monday week,” said his Honour. “In the meantime I hope this woman will be brought, to a proper sense of the situation.”