“You’ll Have to Get a Harder-Hearted Judge”

Sun (Auckland), Volume III, Issue 678, 1 June 1929, Page 2 (Supplement)

“You’ll Have to Get a HarderHearted Judge”

Mr. Justice Owen, of Sydney, Rules on Mother’s Right to Kiss Her Children. . . .

“IF you are going lo tell rue that it is contempt of court for a I mother, who has been denied access, to kiss her little children when she meets them, all I can say is you will have to get a harder-hearted judge than myself to agree with you,” said Mr. Justice Owen to a barrister in an interesting Sydney case last week.

JS it contempt for a mother, prompted by her affection, to kiss her children when denied access to them by the court? This question agitated counsel in the Sydney Divorce Court last week, during the hearing of an application for the custody of three infant children. Last year, David Francis Peter Roth, inventor and merchant, of Rose Bay, divorced his young wife, Giselle Roth (formerly Bluutschili, of French extraction, and a native of Cairo, Egypt), Dr. Francis C. Crossle, of Bulii, to whom Mrs. Roth was recently married, being name as co-respondent. During the argument. Mr. M. F. Loxton (for the husband), said: Your Honour, I submit that Mrs. Crossle is iu contempt of court, because, since tlie order denying her access to the children, she has sought out and kissed them. Mr. Justice Owen (surprised): Mr. Loxton, do you really say that it is contempt of court for a mother, who has been denied access, to kiss her little children who come in her way, thus showing her motherly affection? Mr. Loxton: Yes, I do. your Honour. Mr. Justice Owen: Well, all I can •say, Mr. Loxton, you will have to get a harder-hearted judge than myself to agree with you. Mr. Loxtou: Ft is not a question of hard-heartedness, your Honour, but one of the administration of justice. Mr. Justice Owen: I do not think I decreed that the mother was not to kiss her little children if she pened to see them. You must remember, Mr. Loxton, that it is admitted that she was always fond of these children, and has genuine affection for them. Mr, Loxton: That may be so, your j Honour, but I still say that she was ; in contempt of court in approaching I anti kissing the children, when the I court had decreed that she must uot ! see them. Mr. Justice Owen: Mr. Loxton I i cannot agree that it is contempt of I c’ ,llr J for a mother to kiss her own children.

Mr. Loxton then argued that Mrs. Crossle should not be given either custody of, or access to the children. Mr. Justice Owen: This woman has now married the man to whom she has given her affection. I cannot see that the children, of whom she is the mother, can in any way be contaminated by seeing her. Mr. H. G. Edwards (for the applicant) submitted that Mrs. Crossle was in no sense in contempt of court in having shown her affection for her little girls in having kissed them, when she had the opportunity. She had merely shown the affection of a true mother. She was willing. ** given the custody of the children, that Mr. Roth, her former husband, should have reasonable access. Mr. Loxton said that the children, at present in the custody of Mr. Roth, were happy and contented, and well looked after. Mr. Edwards: Mrs. Crossle has now been restored to society. She has married Dr. Crossle and is a respectable woman; and the great object in her life is to bestow her affection on the children whom she has always loved. Mr. Justice Owen, iu giving judgment, said that the paramount principle to be considered was the welfare of the children. The three children in question, all girls, were of tender years, and it was admitted that the mother had always manifested the greatest affection for them. She had now married Dr. Crossle, and there was no reason to believe that the fact of the children seeing her at her new home at Bulii would in any way be detrimental to them, i It was also admitted that the children were well looked after by Mr. Roth, and were happy and contented, and while he was not disposed to give the custody of the children to Mrs. ; Crossle, he thought she should have S limited access, the form of which ■j should be determined after consultation between counsel and solicitors in the case, their proposal later to be ; submitted to the court, and it would then be embodied in the order for cus- • tody and access.