COURT WRIT IGNORED

Gisborne Herald, Volume LXVI, Issue 20061, 6 October 1939, Page 8

COURT WRIT IGNORED

HABEAS CORPUS SUIT PRODUCTION OF SON COMMENT BY JUDGE (Per Press Association.) CHRISTCHURCH, this day. i Although Mr. Justice Northeroft, in j the Supreme Court on Tuesday, : granted a writ of habeas corpus ; calling on Plelen Christie Falconer to appear with her son in court to-day. | she did not appear. | His Honour received a letter and a j ! doctor’s certificate to the effect that i I the boy was not well. "Under these circumstances it is | most difficult to proceed," said Mr. C. S. Thomas, appearing for George | 'Falconer, the father of the boy, who ' obtained a writ of habeas corpus i seeking to gain custody of his son. “It appears that this woman is positively recalcitrant,” said His Honour. “I shall take no notice of her j letter. This case can be dealt with [only by the proper procedure of the i ! court and she must understand so. ! i This certificate as to the boy’s health . is only one such as any complacentj doctor might write, but might not be i prepared to maintain under crossexamination.” If the plaintiff wished to proceed i for a writ of attachment, His Honour ; concluded, he would hear counsel j upon it. ■Mr. Thomas said that if the question j of the boy’s health were seriously raised, he would ask Mrs. Falconer to permit an examination by other doctors. “Since it seems that what prevents the boy from being brought to court i to-day is very trifling, and should soon toe remedied. I shall stand the case i down until Monday week,” said His Honour. “In the meantime I hope this woman will be brought to a ■proper sense of the situation.”