Holsinger v. Holsinger

EDMONDS, J.

In 1950, Max Holsinger was awarded a decree of divorce from Anne Holsinger. By the final decree, they were given “the joint legal custody” of their two children, the mother to have “actual physical custody” of them, subject to certain rights of the father. Upon his application, these provisions were modified, and the mother’s appeal is from the order enlarging his custodial rights.

The custody given to the mother in 1950 was subject to the conditions specified in a property settlement agreement. By that agreement, which was approved and confirmed by reference in the final decree, the father was given reasonable rights of visitation. A further provision made by the parties was that “if they have any disagreement with respect to said children, the instructions and directions of Wife shall in each such instance be followed the same as though Wife had the exclusive custody of said children.”

The order of modification was made following a hearing at which both the father and mother testified in regard to the needs of the children. Other evidence also was presented. The record shows that Judith Ann is now about 12 years old. Thomas is two years younger. From the time of the commencement of the action for divorce until about two years after the date of the final decree, the parents, notwithstanding considerable quarreling, cooperated in providing for the education of the children. The mother acquiesced in the arrangements made for them by their father. Judith was placed in a boarding school especially suited to her individual needs. The boy, at that time of preschool age, went to the same school so that the two children might be together, although a different school would now be more suitable for him. At one time, the mother agreed that he might attend a public school, but later she refused to carry out that plan.

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By mutual agreement, the father was allowed to have the children with him on alternate weekends.

The cooperation of the parents ceased in the fall of 1952, when Anne, accompanied by her mother, took the children from Max’s home while they were visiting him. In a letter written by Anne to Max in October she said: “After battling the world for six years I am perfectly mature and capable enough to make up my own mind and I am tired of your constant interference. It has been a good training ground. I can make my own decisions.”