Olcott v. Superior Court

WOOD (W. J.), J.

Petitioner filed an application for a writ of review in the District Court of Appeal, Second District, seeking the annulment of an order of the Superior Court of Los Angeles County whereby she had been adjudged guilty of contempt of court in removing her minor daughter from the State of California pending an appeal from a court order permitting the child’s removal. Her application was denied by Division One of this court without opinion and thereafter, with the permission of the court her application was withdrawn. Thereupon she filed an application in the Supreme Court seeking the same relief and that court on January 15, 1945, issued a writ commanding the superior court to certify and return to this court a transcript of its proceedings in the matter sought to be reviewed and commanding the superior court to refrain pending action upon the writ from punishing petitioner for her alleged contempt in removing the child from California.

On the complaint of petitioner she was granted an interlocutory decree of divorce from McDonald White on November 27,1939. A property settlement had been made between petitioner and White in which it is provided that the care and custody of the daughter of the parties, Nancy White, a child then about five years of age, should be given to petitioner with cer

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tain rights of visitation being accorded to the child’s father. In the interlocutory decree the custody of the child was given to petitioner “with visitation privileges to defendant as set forth in the property settlement agreement,” with which the defendant was ordered to comply. A final decree of divorce was entered on December 6, 1940, on one of the usual printed forms in which it was set forth that “wherein said interlocutory decree makes provision for alimony or the custody and support of the child, said provision be and the same is hereby made binding upon the parties.” Between the time of the entry of the interlocutory decree and the time of the entry of the final decree, on July 31, 1940, the court made an order providing that “this child shall not be taken out of Southern California” and further providing for the continuation of the monthly payments of $30 per month to petitioner for the support of the child and for the right of the father to visit the child and have her with him during certain specified periods. Petitioner married Ben L. Olcott on April 9, 1944. Her present husband is a captain in the armed forces of the United States having a permanent residence at Cheney, Pennsylvania. Petitioner left California on July 25, 1944, with her daughter and is now residing with her husband’s mother at the home in Cheney, Pennsylvania, which her husband has established as the family domicile.