MOTHER LOVE

NZ Truth, Issue 1142, 20 October 1927, Page 7

MOTHER LOVE

Legal Battle For Her Child

(From "N.Z. Truth's" Special Wellington Rep.) A mother's sobs and a child's pitiful cry: "No, No!" broke the silence of the Wellington Supreme Court last week when Mr. Justice MacGregor, who presided, had said the final word in the Hylton v. Hylton dispute concerning their little son, Dick, aged seven. jPOUNSEL and clients hurried the child out and the business of the court was suspended for a moment until his cries died away in the distance as he was escorted from the building. Details of the Hyltons' matrimonial troubles and the parents' fight for the individual possession of their son appeared in a recent issue of "N.Z. Truth." The husband, Edward Stace Hylton, having formerly applied to Mr. Justice MacGregor under a writ of habeas corpus for the possession of his son, now came to court to take possession of the child. After the divorce proceedings, Mrs. Hylton's counsel, Lawyer Parry, had warned her that she must comply with the order of the writ and the child was handed over to the father. The little boy, however, ran back to his mother's place the next day, it was stated, leaving Hylton's counsel no option but to serve the writ. This was done, Mrs. Hylton being ordered to produce the child at the Supreme Court. When it came to the question of handing over the child to his father, Lawyer Parry said it was not In the interests of the boy himself if he fought and screamed when his father came to take him away. He had very rooted objections to going with his father. Counsel earnestly submitted that his honor should vary the order and allow Mrs. Hylton even six months' custody of the boy, until his state of health had improved. He further stated that the boy was highly strung, nervous and had a temperature every day. "In fact," said counsel, "his temperature this morning was 100 and the child should by rights be in bed." Mrs. Hylton, he contended, had not influenced the child's running back to her. The father could have taken him had the child been willing to go. The father, he s%.id, had gone to his wife's flat for the boy, but the child screamed and fought and refused to leave his mother. REFUSED TO LEAVE It was detrimental to the boy's moral and physical condition to take him from his mother and counsel suggested that his honor accept the present instance as a formal application to vary the order. His Honor: "There is no application before the court." Lawyer Parry: "If your honor will re-examine the matter. . ." His Honor: "I have no intention of re-examining the matter. I went into ft very thoroughly in the first place." Counsel Christie, who was acting for Hylton, said he was satisfied that had the child been left to himself, he would have gone back to his father. Lawyer Parry said Hylton had twice gone for the boy and each time the child had refused to leave his mother. Mrs. Hylton had nothing to do with the boy's refusal to leave. She had not influenced him. It was the contention of Lawyer Christie, however, that the influence of the mother was there. On one occasion when Hylton called he picked ,the boy up, but his two daughters, at present with the mother, tried to take possession of him. Mrs. Hylton had been asked to see that the girls left the room, but she failed to. make any move in the matter. And, said counsel, when he himself went to get the boy, Mrs. Hylton admitted that Dick was in the house, but she would not give him permission to go in. She had refused to hand over the boy; therefore, he had no option but to serve the writ. Lawyer Parry asked that the case be allowed to stand over until the affidavit of the doctor who had examined the boy could be handed in, but his honor stated that there was no hearing before the court. Lawyer Parry: "Surely the child is justified in having a will of his own " His Honor: "Is it a matter of the child's will — or the mother's?" Counsel: "Can I make application to have the matter varied?" His Honor: "You can make application any time you like, but in the meantime yoii must obey the writ." Counsel: "As your honor pleases."