High Court of Australia
© cxne80/65,
HB Dew, Gor. Print, Malt.
ALDERTON
' REASONS FOR JUDGMENT
Judgment delivered at... Sydney
sday, 13th December 1951._
ALDERTON & AWE, v, ALDERTON ORDER
Appeal allowed. .Order of the Supreme Court discharged. In lieu thereof order that the infant Norma ' Jean Alderton be retained in the custody of the appellants. If the respondent so desires reserve to the respondent : liberty to apply to the Supreme Court for an order for access in accordance with the views expressed in the reasons for judgment and remit the cause.to the Supreme Court for the purpose of making such an order and taking an appropriate undertaking from the respondent.
JUDGMENT.
ALDERTON & ANOR.
ALDERTON
DIXON Je ic NJ.
ALDERTON & ANaR.
Ve
LA J
'This is an appeal by special leave from an order of Clancy J. in the Supreme Court of New South Wales relating to the custody of an infant. The infant is a girl named Norma Jean Alderton who was born on 16th April 1940 and is therefore now in her twelfth year. She is the only child of a marriage between Norman George Alderton, the respondent, and his late wife Jean Emily, whose maiden name was Crisp. Her mother died on 3ist August 1941. Her father remarried on 21st December 1944. The contest for the custody of the child has been between the father, the respondent, in whose custody Clancy J. placed her, and his parents,by whom she has been brought up since the death of her mother. His parents are the appellants. Curiously enough in this contest between the father of the child and his own parents he is supported by the parents of his deceased wife, Mr. and Mrs.
'Crisp. Indeed, it was suggested by the appellants that Mr. and
Mrs. Crisp are more responsible than the respondent for the proceedings to take the child out of the custody of. the paternal grandparents,though the respondent denies this suggestion. The appellants, the paternal grandparents, reside at Gol Gol in New South Wales near Mildura. The grandfather appears now to be 52 years of age and the grandmother 48 years of age. They were married in November 1919 and there were six children of the marriage, all of whom are. now married. Apparently the respondent,
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