CUSTODY OF CHILD

Timaru Herald, Volume CXXXVII, Issue 19625, 20 October 1933, Page 8

CUSTODY OF CHILD

FATHER’S APPLICATION FAILS United Press Association—By Electric Telegraph—Copyright SYDNEY, October 19. Litigation concerning the custody of the baby daughter of Mrs Janet Mary Tole, of New Zealand, had an abrupt ending in the Supreme Court before Mr Justice Long Innes. The child was brought here aboard the Wanganella on Tuesday by her mother, who is taking her to England in Saturday's liner. The father, who is now coming from New Zealand, desired to prevent the mother having custody of the little girl and instructed a Sydney solicitor to apply for a writ of habeas corpus. During the proceedings an eflort was made to compel the mother to enter the witness-box, but the Judge declined. Mrs Tole then left the Court. During the argument with the husband's solicitor, the Judge said that he saw no reason why Mrs Tole should not leave and no reason why she should be used to prove the case for the other side. The Judge also hinted that legislation was now before Parliament to alter cases such as this, whereby a husband is the sole custodian at law. A writ of habeas corpus was refused. An Auckland message says: Mrs Janet Mary Tole Is the wife of Mr G. Tole, architect, of Auckland She left with her child on the Wanganella to visit her mother, Mrs Percy Crisp, formerly Mrs Clarkson, of Christchurch, who is now in London. Mr Tole's solicitor said the case was actually a preliminary application by the father for an order to prevent the child from being taken beyond Australia while he was on his way from Auckland to Sydney to obtain possession of her. The father not being present to give evidence on his own behalf and the mother declining to go into the wtiness box, the Judge apparently decided that his only course was to discharge the rule nisi leaving it open for further proceedings to be brought by the father upon his arrival in Sydney. Mr Tole left Wellington by the Maunganui for Sydney last Tuesday. The child is his two-year-old daughter.