The Archive · 1930

A Family Question

The Gourt of Appeal at Mukden hag reversed the judgment of the both Lower and High Courts in Harbin concerning the handing over the small daughter of a Russian. Who has now good employment at Shanghai, by the grandparents who thave had charge of the child for the past two or more years. The mother dying the child was taken over by ithe grandparents as the father was tot in @ position to ease for the aby in @ proper manner. He! gree to this, Two or three yeats, have elapsed and the father now, being able to care of the ¢hild properly, asked for the return of his daughter, The grandparents, who had grown quite attached to the little girl, refused point blank to hand her over to the father, who was foreed to bring a case into-the Court.

Notwithstanding plaintiff's counsel being able to show that both according to Russian and Chinese law ths father was entitled to his child, the Court decided otherwise.' Tae father appealed to the High Court bat the latter upheld the Lower! Court's "decision, 50 a petition was made to the Supreme Court Appeal at Mukden who have just reversed the verdicts of both the Jother Courts, and the father has now, the right to take away his The verdict of the Lower Court when made created quite a stir among Russian residents here, who found it extraordinary for a Court of Justice to deny 'a father the custody of his child. It appears that the Judge was influenced by the fact that the defendant was known to him and that he! was residing in Shanghai, whilst the male defendant has been for the Municipal lawyer, a Chinese Wwho argued that the little girl was still too small to leave its grand. Parents who had raised her since She was a baby and were devoted her. He alto. pointed out that the "Shanghai climate would be harmful for the small girl who was not so strong, thanks to having] Inherited some of her mother's weakness, and that neither the judge for anybody else could be sure that the father would look after the child well, as there was no mathe The grandparents were the proper people to look after the small child, Mntil she became of school age, and then they had no objection to. letting her go, were the concluding words of the counsel for the defence, No. doubt this and. the. personal cquaintanceship between judge and lawyer caused the former to make his strange verdict, which was rightly reversed by "the Court of Appeal, who with only documents look at, showed. no. partiality. for jone side or the other giving their] decision strictly according to law.

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account