In Re Robelet

WHITE, P. J.

On March 22, 1950, a final decree of divorce was entered dissolving the marriage of Doris Eobelet and Victor M. Eobelet.

The decree awarded custody of their minor children, now aged 11 and 10, to Doris. Although awarded custody of the minor children, Doris did not take them with her, and they remained in the actual care and custody of their father, the petitioner herein.

In her return to the writ, respondent Doris alleged that the reason she did not take actual custody of the children was because of a serious physical and mental illness and upon the advice of her physician. She further alleged that now she has fully recovered from her illness.

In June, 1952, petitioner applied to the Superior Court of the County of San Mateo, where the divorce decree was granted, for an order modifying the custody provision of said decree to vest custody of the children in him. Following a hearing, the order in regard to custody was, on October 3, 1952, modified and petitioner was awarded the care, custody and control of said children, with the proviso that the re

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spondent mother, Doris, have the children with her during the 1953 school summer vacation until the reopening of school in September, 1953, together with other privileges of visitation.

In June, 1952, petitioner remarried and the children continued to reside with him in San Mateo County.

In April, 1952, respondent mother remarried and with her husband, William Alvarado, took up residence at Covina, in Los Angeles County.

At the end of the school term at San Mateo, in June, 1953, pursuant to the foregoing order, the children came to Covina in Los Angeles County, to be with their mother until the reopening of school in September of that year.

While the children were with respondent mother during this vacation period, she applied to the Superior Court of San Mateo County in August, 1953, for an order changing custody of said children to her. Following a hearing on her application, the court, on September 8, 1953, further modified the custody provision of the decree and awarded the care and custody of the children to respondent mother.