CLAIM DISMISSED

Waikato Times, Volume 129, Issue 21599, 9 December 1941, Page 6

CLAIM DISMISSED

CUSTODY OF CHILD A claim for the custody of his daughter, Shellah Johnston, aged 11 years, was brought by Andrew Philip Johnston (Mr W. L. Wiseman, of Auckland) against Frederick Ward (Mr E. McGregor, of Morrinsville) in the Supreme Court, Hamilton, today. The case was heard by Mr Justice Ostler. In his affidavit petitioner said that following the breakdown of his wife’s health in December, 1930, and her admission to a mental hospital he arranged with his sister, the wife of Frederick Ward, that his daughter should stay with her. Mrs Ward died in September. 1936, and requests since then for the return of the child had been refused. He was unable to set up his own home, but he desired an order to be made entrusting the child to the care of his married sister in Auckland.

The application was opposed by Frederick Ward, of Manawaru, who denied that any offer had been made of maintenance for the child. If Mrs Johnston recovered her health and were able to set up her home again he would be pleased to return the child. The mother, however, had expressed the wish that she should remain in his custody. "I see no reason why the child should be moved to the house of a comparative stranger, though she Is her aunt.” said His Honour in dismissing the motion. The girl was old enough to have her own inclinations and she had said that she was happy to stay where she was.

j Costs amounting to £26 5s wore I allowed in favour ol Ward