Brown v. Brown

ADAMS, P. J.

Plaintiff and respondent were formerly husband and wife, residing in Dunsmuir. On May 10, 1944, Mrs. Brown filed an action for divorce, and on May 29, 1944, an interlocutory decree was entered in her favor, which decree confirmed a settlement agreement between the parties which provided that Mrs. Brown should have custody of the daughter and son of the parties, aged 2 and 1 years, respectively, with certain provisions regarding visitation rights and payments by defendant for support of the children. On April 2, 1945, a stipulation signed by the parties to the action was filed, which agreed that the custody of the children should be awarded to the father, with rights of visitation by Mrs. Brown, and a provision that she should have the children visit with her during the summer vacations, during which time defend

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ant should pay her $60 per month for their support. This stipulation at least impliedly requested the court to award the custody to Mr. Brown; and the court modified the interlocutory decree to conform to the stipulation.

On or about June 10, 1945, Mrs. Brown married Lee Cool, with whom she lived until October 30, 1945. That marriage was annulled December 3, 1945, it having been consummated before the final decree of divorce from Brown. In the meantime Mrs. Cool had gone to Oregon.

On July 16, 1945, on application of Mr. Brown, the final decree of divorce was entered, and the orders for care and custody contained in the amended interlocutory decree were repeated therein.

Mrs. Brown, on February 11, 1946, married Kenneth Smith, her fourth husband, and thereafter resided in Portland, Oregon. In June, 1948, she and her husband came to Dunsmuir and took the children from Mr. Brown’s home during his absence, and carried them to Portland, ostensibly for the summer vacation period, as provided in the amended interlocutory and final decrees. The record shows that they were taken while negotiations were still pending between her attorney and Mr. Brown’s counsel for her to give a bond to return them to California at the end of the vacation. In Oregon she filed an action seeking custody of the children. Mr. Brown was served with process in Dunsmuir, but did not appear. However, in August of that year, before a decision of the Oregon court had been rendered, Mr. and Mrs. Slimmer, the father and mother of Mrs. Brown, went to Portland. There Mr. Slimmer picked the two children up off the street and returned with them to Dunsmuir.