White v. White

71 Cal.App.2d 390 (1945) ANGELA M. WHITE, Appellant,

v.

McDONALD WHITE, Respondent.

Civ. No. 14949. California Court of Appeals. Second Dist., Div. Two.

Oct. 29, 1945. George I. Devor for Appellant.

Gerald E. Kerrin and James C. Bone for Respondent.

MOORE, P. J.

The question for decision is whether the trial court abused its discretion in relieving a husband of the [391] obligation to contribute to the support of his minor child as provided by the decree of divorce, after the wife removed the child from this state contrary to the decree and subsequent orders.

Following the entry of the interlocutory decree awarding to appellant custody of the daughter, Nancy, she was ordered on July 31, 1940, not to remove the child from Southern California. On May 23, 1944, pursuant to her application an order was entered permitting the mother to remove Nancy from the state upon three conditions, namely, (1) the current school term must first be completed; (2) the father must be continuously advised of the address of his daughter's domicile; (3) the wife must cooperate in making reasonable arrangements for the father to visit his child.

Pursuant to an order to show cause on October 19, 1944, appellant was adjudged "guilty of contempt of court and until such time as plaintiff purges herself of contempt and returns the child to California, defendant will be relieved of the obligation of supporting the minor child." The quoted order was upon a review of the contempt proceeding by this court held to be valid (Olcott v. Superior Court, 68 Cal.App.2d 603 [157 P.2d 36]).

[1] Notwithstanding the foregoing events appellant boldly contends that her sins and derelictions should not be visited upon her innocent child; that, although she had contemned the orders of the court, the chancellor should have made provision that she should suffer no financial discomfort despite her disobedience of a decree in equity. Such contention is based upon wholly selfish considerations. She is entitled to no more than the orders of the court provided for her. The mother is charged equally with the child's father to protect, nurture and educate their infant progeny. (Civ. Code, 138, 139, 196.) The award of Nancy's custody to appellant and the requirement that respondent pay money for her support did not absolve appellant from a parent's obligation. The very decree that awarded her the custody specified as a condition of such award that respondent be privileged to visit Nancy. Her violation of that decree could not have enlarged her rights. If it did not, she is in no position to demand privileges. After spurning the court's decree by removing Nancy from the state she was in no better position to demand a continuance of respondent's contribution toward the child's support than she would