In Re Inman

TYLER, P. J.

Petition for a writ of

habeas corpus.

The petition charges that Ronald P. Inman, a minor, is unlawfully restrained of his liberty by Anna Steuble at San Leandro, County of Alameda, State of California. It is recited therein that the custody of said minor was awarded to petitioner on the 25th day of November, 1938, by order and decree of the district court of the State of Colorado; that said Anna Steuble, named in the proceedings as Anna Inman, appeared personally in said district court of Colorado when the order was made; that she obtained the custody of the person of the minor in the city of Denver through fraud and transported him to the County of Alameda, State of California, where she still retains said custody without authority of law.

The return to the writ shows that about the 29th day of February, 1928, William P. Inman, also known as Floyd In-man, and respondent were married and thereafter lived together as husband and wife; that there was born to the parties a son, Ronald P. Inman, who is now of the age of approximately five years and nine months; that in the year 1933, respondent commenced an action for divorce against William P. Inman in the district court at Denver, Colorado, and on the 3d day of November, 1933, said court made and entered its interlocutory decree of divorce, in which it was provided that respondent have the care, custody and control of their minor child, and in which provision for its support was made in the sum of $2 a week. Said interlocutory decree contained no restriction as to the removal of said child from the State of Colorado, and the final decree made none. It is charged in said return that the only contribution ever made by William P. Inman was $6 worth of groceries, and that In-

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man told respondent that he never would contribute anything toward the support of her or their child.

The return further shows respondent was informed that subsequently, on the 25th day of November, 1938, said district court granted the custody of said minor to William F. 'Inman, but respondent denies that she appeared personally in such proceedings, it being stated in this connection that at the time of the making of such purported order, she was neither present nor did she appear by counsel; that at said time both she and the minor were in California, having established their residence here. She avers that the district court of Colorado had no jurisdiction to change the order of custody entered in the interlocutory and final decrees and that she had a right to remove said minor to the State of California; that upon the advice of counsel, however, before removing said child to this state, she procured an order therefor from the court, permitting her to so remove the child. She further alleges that she is a fit and proper person to have the care, custody and control of her minor child; that at present she is residing in San Leandro, California, with her present husband, Arthur H. Steuble, who is regularly employed and who receives a salary of $200 a month; that said Arthur H. Steuble is able to support said Ronald Inman and is ready and willing to assume full financial responsibility. It is alleged in the return that William F. Inman is not a fit and proper person to have the care and custody of the minor child. In this connection it is alleged that William F. Inman and his father importuned respondent to turn over her property to them when she was only sixteen years of age; that the father and son disposed of said property and dissipated the proceeds thereof in the purchase of pool rooms, eventually losing the whole of said property and dissipating the proceeds of the same; that at about the time the infant child was born petitioner did not contribute anything toward the support of respondent and failed to procure any medical aid or attention for her, nor did he call to see her at the hospital although he well knew that she was in a critical condition; that after leaving the hospital respondent lived with her mother outside of Denver for nine months and said petitioner herein failed to make any provision for the support of his wife and child; that by reason thereof respondent was forced to seek employment, which she obtained in Denver, Colorado, receiving ap