CUSTODY OF SON

Evening Star, Issue 23685, 19 September 1940, Page 4

CUSTODY OF SON

WIFE'S APPEAL AGAINST COURT ORDER A DUNEDIN CASE [Per United Press Association.] WELLINGTON, September 18. The Court of Appeal to-day heard an appeal by Eliza Janet Noone, of Dunedin, from an order made by Mr Justice Kennedy at Dunedin, ou July 22, 1940, granting custody of her son, George Frederick Noone, to her husband, Frederick Noone, a fanner, formerly of Waikouaiti, but now of Dunedin. The parties were married in 1928, and there were two children. In February, 1935, the wife left home at Waikouaiti and commenced proceedings in the Magistrate’s Court at Christchurch for separation and guardianship orders. These proceedings were settled, and a deed of separation was executed, which gave the custody of both the children to the wife, with certain access to the father. Disputes later arose between the parties as to this access, and in September, 1937, the court made an order defining the access to which the father was entitled. This order was disobeyed by the wife. Proceedings were taken against her and she was sentenced to a short term of imprisonment.

In November, 1939, the husband commenced divorce proceedings, and a decree nisi was granted. In April this year the husband applied for a decree absolute and an order giving him custody of the male -child. Mr Justice Kennedy, by whom the application was heard, made an order in favour of tho father. From that order the wife today appealed. Tho case is unfinished.