Custody of Children.

Hokitika Guardian, 26 August 1921, Page 3

Custody of Children.

— j AUCKLAND, August 2& An important decision regarding the custody of tbe children of the parties in a divorce suit was given by Mr Justice Stringer at tbe Supreme Court,, when bis Honor tiiade an,order giving tbe custody of three daughters to,their mother, who had been found guilty ttf ndultefry. Edward Henry Meurant sought a divorce from Isabel Meurant, the co-respondent being Henry Andrew Walker. His Honour said that by a majority verdict the jury found that adultery had been committed on December 26th, 1920, thus impliedly negativing proof of other allegations of adultery. Had his Honour been trying the case alone he ,should not have considered the evidence referring to that pnitieular occasion sufficient to establish the grave matrimonial offence of adultery. although no doubt respondent bad committed serious indiscretions calculated fo rouse suspicions ns to her fidelity. The question, however, was one for the inr.v and their verdict must be accepted with all its legal consequences. A decree nisi was pro- ■ notinced on March 10th 19*21, a fid the present motion was to make the decree absolute. Since n separation in Septein her. 1920. under deed, respondent had I lie custody of three children, the eld- < cst ton and the youngest not quite five, and it was admitted that she had been extremely solicitous for their . welfare. .| Oil the other hand, petitioner’s occupation as a tramway motorman neeessitat- , cd fiis being away from home for long . continuous periods by day and night* Tf, therefore, the custody of thechildren were given to him he would have to depute the duly toi some other person. In view of all the circumstances , his Honour was,of opinion that it, would be in the best interests of the children j that they should remain at any rate for Ihc present, in the care and custody of their mother, ft would he as well for her to understand that if her future , habits and mode of life, were such as to jeopardise the welfare or morals of the I children, the Court had ample jurisdiction to remove them and would not hesitate in the event of necessity.