McCoy v. McCoy

TUTTLE, J.

This action was brought for declaratory relief in respect to a contract between the parties, relating to the custody of their minor children. The court upheld the contention of plaintiff, and findings and judgment were entered in his favor. Defendant appeals from said judgment.

On October 12, 1934, appellant and respondent, who were then married, entered into an agreement, which, among other provisions, covered the custody of their three children, consisting of a son, thirteen years of age, a daughter ten years old, and another son seven years old. Shortly thereafter, the parties were divorced, and the agreement was made a part of the decree. The portion of said contract with which we are here concerned, reads as follows:

“ (a) Both father and mother are to have joint custody of the children;

“(b) The mother will maintain an adequate and proper home for the children until they reach their majority;

“(e) The father shall have the right and privilege of having the children during summer vacation, that is, between closing and opening of school-;

“(d)

During the school year, the father shall have the privilege, upon request made to the mother, to have the children, or any of them, with him for a reasonable period of

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time, providing it does not interfere with their .schooling.

(Italics ours.)

“(e) The father may have the children during any weekend, that is, Saturday and Sunday.

“(f) The father shall have the right to have the children, or any of them, with him, during Christmas and Easter holidays

‘provided that the same shall meet with the approval and consent of the party of the second part.’

“

(g) With the exceptions hereinbefore expressly set forth, the wife shall have the children with her. ’ ’