FATHER RETAINS CUSTODY OF CHILD

Evening Star, Issue 23686, 20 September 1940, Page 12

FATHER RETAINS CUSTODY OF CHILD

MOTHERS' APPEAL DISMISSED DUNEDIN DIVORCE CASE SEDUEL [Tru United Tress Association.] WELLINGTON, September 19. The Court of Appeal to-day dismissed the appeal of Eliza Janet Noone, of Dunedin, from an order made b.y Mr Justice Kennedy at Dunedin on June 22, 1940, granting custody of her son, George Frederick Noone, to her husband, Frederick Noone, a farmer, formerly of Waikouaiti, but now of Dunedin. 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 the father. From that order the wife appealed. Expressing the opinion that the appeal should be dismissed, the Chief Justice, Sir Michael Myers, said that Air Justice Kennedy had the opportunity of seeing and hearing both parties and also the children. That was an important factor which the court should not overlook. It was not suggested by the appellant that Mr Justice Kennedy had acted on some mistaken view of the law, and indeed it was clear that the view of the law on which he had acted was correct. The Chief Justice said he could see no reason suggesting that the order giving custody to the father was made in error or that there was any reason for varying it. Mr Justice Blair and Mr Justice Northcroft agreed, and the appeal was accordingly dismissed.