DR BARNARDO AND THE CUSTODY OF CHILDREN
JUDGEMENT AT THE HOUSE OF LORDS
The House of Lords this morning, gave judgement in the appeal case of DR BARNARDO-V-FORD.
This was an appeal from an order of the Court of Appeal of the 27th January 1890, affirming an order of the Court of Queen’s Bench pf the 30th November 1889, making absolute a rule nisi for a writ of habeas corpus, commanding Dr BARNARDO to bring up the body of Harry GOSSAGE, a boy of 12 years of age.
The boy was the son of Mary FORD, having been found in a homeless and destitute condition by a Police Constable at Folkestone and was received into Dr BARNARDO’S Home through the interposition of the Rev Edward HUSBAND a clergyman at Folkestone, on the 25th September 1888
It was alleged on the part of Dr BARNARDO that the father who died some time previously was a Wesleyan Methodist, and his mother was a woman of drunken habits, who constantly neglected him.
In November 1888, Dr BARNARDO transferred the care of the lad to Mr William NORTON, to be taken to Canada. About the same time an application was made to Dr BARNARDO on the behalf of Mary FORD for the production of the boy in order he may be placed in a Catholic Home in Harrow Rd.
The lad was then in the care of Mr NORTON and had been taken to Canada.
Legal proceedings were taken which resulted in the orders referred to above, against which Dr BARNARDO appealed.
Their Lordships dismissed the appeal with costs.
Mr RIGBY. Q.C, made an application for an extension of time to return to the writ. Their Lordships, after consideration, fixed the return at three months from the present date.
July 1st 1892
A hard case
In the Queen’s Bench Division yesterday a poorly-dressed middle aged man presented himself before the judges, and said, in broken English that he had been referred to the court by Haden CORSER of the North London Police Court. He was German and with his wife and children went to Halifax, and Manchester trying to make a living hawking, but, was arrested and sent to prison for 2mths. When he came out he found his children had been sent to a Catholic Home, although he was not himself a catholic. He was entirely without the means to enable him to take out proceedings to obtain access to his children, with whom him and his wife desired to return to Germany.
He had written a letter to Canon GORDON in Manchester, who, he believed had his boy. The Canon replied but declined to give him the information he required. Mr Judge GRANTHAM stated, It did not seem clear why he should not be entitled to the custody of his children. After some consultation with Master MELLOR, an officer of the court would conduct him to the Crown Office where he would obtain further guidance.
Copyright 2002 / To date