GRAY vs. GRAY

JUDGMENT OF HAYFRON-BENJAMIN J. This is an application for the custody of the children of the marriage between the petitioner (the wife) and the respondent. On 11 November 1970, this court, on the application of the petitioner, made an order in her favour granting her the custody of Ian Andrew Nicholas Gray and Lucinda Helen Gray forthwith until each reaches the age of [p.424] sixteen years. The respondent now applies for custody of the same children. I shall treat this as an application for variation of that order for custody. The first ground raised by counsel for the respondent is that the order of 11 November 1970 is wholly void, as it was made to subsist until the age of sixteen years. Counsel has submitted that while the divorce petition has not been heard, the court's jurisdiction is limited to making an interim order for custody pending the hearing and determination of the petition. The basis of this submission seems to be that where the petition is dismissed, the court c...