Guardianship of Clark

FRIEDMAN, J.

Robert and Mary Clark were the parents of the four minor daughters whose guardianship is here in dispute. Living with them was Jacqueline Forester, a child of Mrs. Clark by a former marriage. Jacqueline’s guardianship is not in issue.

Mr. and Mrs. Clark resided in San Jose, then moved to Santa Paula. Their marriage was not a happy one. There is some evidence of drinking habits on the part of both, as well as evidence of extramarital affairs on the part of Mrs. Clark. On several occasions during 1960 and 1961 Mrs. Clark absented herself from the home for several weeks at a time. In May 1961 she returned from one such absence and took the children from the home without her husband’s knowledge. After some inquiry he ascertained that she had taken the children to the home of a sister in Arlington, Riverside County. Mr. Clark went to Arlington in company with his sister, Mrs. Dallachie, to see his children. Mr. Clark and Mrs. Dallachie were greeted by Mrs. Clark, who struck Mrs. Dallachie several times, and by Mrs. Clark’s sister, who threatened them with a rifle. Mrs. Clark told her husband to leave, that he was never to return, that she wanted no support from him and that she was returning to her ex-husband. Mr. Clark left. During the ensuing months he wrote several letters to his children and sent birthday cards. He was unsuccessful in several attempts to visit the children. He provided no financial support to the children during the period following the final separation. He was unemployed for about nine months and suffered some poor health.

In May 1962 Mrs. Clark was killed in an automobile accident. Robert Clark did not learn of her death until some time later. Charlene Randolph, sister of Mrs. Clark, attended the funeral with her husband, Ben Randolph. After the funeral Mr. and Mrs. Randolph took the children to their home in Etna, Siskiyou County. Also living in Etna is Greta Mardock, mother of Mrs. Clark and of Mrs. Randolph.

Mr. Clark was living in Lancaster, Los Angeles County, with his sister, Mrs. Dallachie. When he learned of his wife’s death he drove to Etna for the purpose of securing his children. He succeeded in getting the two younger children and returned with them to Lancaster. The two elder children remained in Etna.

[810]