CUSTODY OF CHILD.

Waikato Times, Volume 117, Issue 19600, 12 June 1935, Page 6

CUSTODY OF CHILD.

APPLICATION DEFENDED.

ARRANGEMENT UNDISTURBED. A dispute concerning the custody of a ‘child who was desired by the families of both parties was ventilated in the Supreme Court, Hamilton, before Mr Justice -Reed, yesterday afternoon, when Clifford Walter Lewis petitioned for a decree absolute and custody against his wife, Bubinia Elizabeth Lewis.

-Mr A. L. Tompkins ‘ appeared for petitioner and Air 11. T. Gillies for respondent.

The petitioner was granted a decree nisi and interim custody at the last session of the Court on the grounds of liis wife’s misconduct, Eric Theodore Wright being named as co-respondent. The allegations of misconduct were admitted. Mr Gillies led evidence from the wife and her parents to justify Ids contention that they were the proper persons to -have charge of the child. After the evidence, Ilis Honour said he saw no reason why the order for interim custody should he disturbed. Prima facie, the husband had a right to the custody of the -child and that custody was only removed from him if it was not of benefit to the child. He could not give custody to the mother of ‘the wife, and after seeing and hearing the wife in evidence ho Avas not impressed toy her. If it was proved that the child was not properly cared for further application could be made to the Court. He Avas prepared- to allow the Avlfe reasonable access.

When Mi\ Tompkins said there had •been disputes about the access already allowed, His Honour -said each party should -do its utmost to avoid friction.

A decree absolute Avas made and an •order for permanent custody with access once a week.