In Re Carr

NOURSE, P. J.

In this proceeding in habeas corpus the petitioner seeks her release from an order of the Juvenile Court in Monterey County entered July 11, 1944, committing her to the custody of the sheriff of the county until she obeys an order of June 20, 1944, directing her to produce her minor child, Barbara, in court on June 28, 1944. The order of June 20th was made in open court, the petitioner then being present in court and represented by counsel.

The grounds upon which the petitioner seeks her release are: (1) That the Juvenile Court of Monterey County had no jurisdiction to hear the matter or to make the order of commitment because of the proceedings in Los Angeles County wherein the petitioner was named guardian of the minor. (2) That the failure of petitioner to bring the child into court on June 28th does not constitute contempt in the presence of

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the court, and that the subsequent proceeding adjudging her guilty of contempt should have been initiated by an affidavit upon which the petitioner was entitled to be heard.

The facts are not in dispute. On July 14, 1941, the minor was declared a ward of the Juvenile Court in the County of Monterey, and its custody was awarded to the mother, the petitioner herein. On July 21, 1941, all the parties and counsel being present in court, this order was modified to the extent that the custody of the minor was awarded to the father. On December 7, 1943, upon motion of the mother the order of July 21, 1941, was vacated and custody of the child awarded to the mother. This order vacated all orders theretofore made inconsistent therewith and directed that the mother should not remove the child from the county of Los Angeles without the consent of the court, and stated that the court was ready to transfer the minor and the proceedings to the court of Los Angeles County if proper motion should be made. It does not appear that such motion was made, but the mother took the child to the county of Los Angeles and was residing therein on November 29, 1943, when the father filed a petition in the probate court in Los Angeles County asking guardianship and custody of the child. Judgment in that proceeding was entered May 29, 1944, awarding custody of the minor to the mother and directing that it should not be removed from the county of Los Angeles unless by order of the court. On May 23, 1944, the father filed a petition in the juvenile court in Monterey County asking a modification of the orders theretofore made and asking that the custody of the child be awarded to him. The mother was cited to appear in court and bring the minor with her. Several hearings were held upon this petition and continuances granted at the request of the mother, and on these occasions she was directed to produce the child in court and neglected to do so. The proceedings terminated in the order of June 30, 1944, which released the custody and control of the minor to the father under the supervision of the juvenile court, and directed that the minor should not be removed from the county of Monterey without the consent of the court.