Wood v. Wood

FOX, P. J.

This is an appeal by plaintiff from an order granting a change of custody of two minor children, a boy aged 3 and a girl aged 6, from the mother to the father.

The parties were granted an interlocutory decree of divorce in Los Angeles County in June 1959. The decree granted custody of the minor children to plaintiff with the right of reasonable visitation but with the further specific provisions (1) that after the expiration of three and one half months from the date of the decree, the father may see the children at least once each week; and (2) may take them with him for one month during the summer. The decree further provided “neither party shall remove either of the children from the state without the written consent of the other.” Defendant was required to make monthly payments for the support of

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the children except for the month during the summer when he was entitled to have the children with him.

During the early part of the following October plaintiff told defendant that she and George Welch “were leaving immediately for Las Vegas.” Defendant “saw them get into the car and leave.” Plaintiff took the children to Nevada although defendant did not give any written consent therefor as required by the interlocutory decree. She immediately took up residence in Nevada, filed suit for divorce (defendant appearing therein through counsel) and procured a divorce decree on December 1, 1959. This latter decree awarded the custody of the children to the plaintiff. They were, however, at that time in California with defendant.

Early in 1960 both parties remarried, plaintiff marrying Welch. This marriage was of short duration ending in plaintiff’s securing a divorce from Welch in March, 1961.

Soon after plaintiff's divorce from Welch and while she was looking for employment in Las Vegas, she brought the children to California and left one of them with her mother and the other with defendant’s mother, having refused to leave them with defendant. After a few weeks, however, defendant got possession of the children. In April plaintiff came to California apparently for the purpose of securing physical custody of the children. Defendant, however, refused to surrender their custody and secured an order to show cause