In Re Frazier

California Court of Appeal Nov 18, 1920 No. Crim. No. 739.Published

Before: Weller

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Holding. The court held that a prior judgment in a habeas corpus proceeding regarding child custody is res judicata between the same parties when the underlying facts remain the same.

Issues

Whether a prior superior court judgment awarding child custody is binding in a subsequent habeas corpus proceeding between the same parties.
Whether the doctrine of res judicata applies to evidence that existed but was not presented during the initial proceeding.

Disposition. Writ discharged.

Quotations verified verbatim against the opinion

“The principle of res adjudicada applies as well to matters which might have been proven as to those actually offered in evidence.”

WELLER, J.

This proceeding was instituted to recover from the respondents the custody of Gulda Ramona Sill, a minor child about nine years of age.

It is alleged that petitioner, who is the mother of the child, placed her in the custody of respondents in order that they might enjoy her comfort and companionship, but without any intent to abandon the child, and that respondents have not adopted the child, but now unjustly claim the right to retain her custody. Further allegation is made that a petition for a writ of

habeas corpus

to recover the custody of the minor was filed by this petitioner against the respondents here in the superior court of Santa Barbara County, which, upon a hearing in that court, was denied.

Respondents set forth in their return that, on or about the thirteenth day of July, 1911, the petitioner abandoned the child to their care and custody, since which time the mother has visited the child but three times, and has never contributed anything to her support. They aver that when the little girl was placed in their keeping it was agreed that petitioner should secure a divorce from her husband, from whom she was then separated, and that thereupon the respondents could adopt the child. This they are now willing to do, being abundantly able to maintain and educate the girl, and desire to treat her in all respects as if she were their natural child.

The facts found by the superior court in the

habeas corpus

proceeding wherein it awarded the custody of the child to the respondents here are set forth fully in the return filed in this court by respondents, and are substantially as we have above summarized the return, with additional details unnecessary to be repeated, but in no material respect different from the showing made on the hearing of the proceeding in this court.

Counsel for petitioner advances, with much persuasive force, the right of the natural mother to the custody of her offspring. With equal cogency the respondents present their claims, based upon the affection born of the

[47]

In Re Frazier

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WELLER, J.

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