BOLTON v. BOLTON.

Manawatu Herald, Volume XLIX, Issue 3792, 15 May 1928, Page 2

BOLTON v. BOLTON.

CUSTODY OF CHILDREN. Further proceedings in the divorce case Bolton v. Bolton, in which Felix Stuart Hindmarsh Bolton secured a divorce from Eileen Bolton, at a sitting of the Palmerston North Supreme Court in December, were heard by Mr. Justice Ostler in the Supreme Court in Palmerston on Saturday, when a motion to make the decree absolute was presented. With this motion His Honour had to consider the question of the custody of the two young children of the marriage, and the question of alimony. From the point of view of the children’s interests, said Mr. Treadwell, who appeared for respondent, the mother’s influence was to be preferred, for she could now be regarded as fit and capable of looking after them. Counsel pointed out that several times Bolton had refused to let the mother see the children, and Mrs. Shute, mother of respondent, had also twice been refused permission to see them. Regarding the matter of maintenance, counsel stated that respondent was well able to pay, as she had never had to earn her own living before, and would now be compelled to go on a lower social scale than she had been accustomed to.

For petitioner, Mr. Ongley pointed out that no matter had been brought before the Court to justify its practice being altered. The innocent party was entitled almost as a matter of course to the custody of the children, and the evidence brought out- at the hearing had shown that the mother was not a fit person to have the custody of the children. Referring to the question of alimony counsel submitted that Mrs, Bolton was capable of earning her own living, for she was young and in good health. Had she not married Bolton she would have been compelled to earn her own living. His Honour reserved his decision.