Browne v. Browne

YORK, P. J.

This is an appeal from a minute order dated September 1, 1942, modifying a judgment of annulment of marriage respecting the custody of minor children.

Said judgment of annulment was entered on December 11, 1941,

nunc pro tunc,

as of October 10, 1941, awarding the custody of said children, aged 2 and 3 years, to the plaintiff mother, provided “she shall and she is hereby ordered to move forthwith from the home of her mother, Mrs. Beulah Strickland Ingram, and establish a separate home for said children away from said Mrs. Beulah Strickland Ingram, so that said children shall not be in the custody or under the influence of said Beulah Strickland Ingram.” The defendant father was ordered to pay $6.25 per week for the care and support of each child, and was awarded all reasonable rights of visitation with said children.

On April 21, 1942, said judgment was modified permitting plaintiff mother “to reside with the maternal grandmother and the children at the residence of the maternal grandmother, Beulah Strickland, until the further order of the court. The matter of the modification is continued to September 1, 1942.”

On July 15, 1942, an order to show cause

in re

contempt issued at the instance of defendant father directed against plaintiff mother, apparently because of the maternal grandmother’s refusal to permit the father to take the children when he called for them at the beginning of a weekend in June.

At the hearing on September 1, 1942, on the motion of plaintiff

in re

modification and for attorney’s fees, and on the motion of defendant for modification and on the order to. show cause

in re

contempt, the court discharged the order to show cause and placed the children in the custody of a neutral

[639]

third party, one Sam Berznak and his wife, and continued the matter of custody to March 1, 1943. Sam Berznak appears to be a friend of defendant and the order of modification was made with the latter’s approval and consent.