People ex rel. J. M. O. & J. O.

DOOLING, J. By an order made in the juvenile court on November 14,1950, after proceedings regularly had therein, the two children, one of each sex, of appellant father and respondent mother were declared wards of the juvenile court and the custody of said children was awarded to the mother with the right in the father to have said children on alternate week ends and during a part of the summer vacation. An appeal was taken from that part of the order only which awarded custody to the mother and the order declaring the children wards of the court has become final. Pending this [454]appeal by order of the juvenile court a paternal aunt has had custody of the little girl and the mother has had custody of the little boy. (Welf. & Inst. Code, § 580.)

In making the order appealed from the juvenile court adopted the findings of the referee. The referee’s findings so adopted recite:

“That said parents are involved in prolonged, embittered litigation over custody of said persons as a result of which said persons live in constant turmoil and are continually subjected to scenes of unwholesome emotional outbursts and actual physical violence involving said parents, the maternal grandparents and aides of said mother; that said mother is an emotionally disturbed person who has regularly subjected -- (the little girl) to pelvic examinations which have created an undesirable, (un) wholesome concern in said-threatening her normal adjustment and development. ...”

The record is replete with evidence supporting these findings and bare of evidence to the contrary and makes perfectly clear that the scenes of emotional outbursts and physical violence therein referred to were all instigated by the mother, her parents and their friends. The repeated pelvic examinations so found were due to the mother’s belief (unfounded in any fact according to the findings of several superior judges, including the judge of the juvenile court, who have successively heard various phases of the litigation between the parents) that the father had engaged in unwholesome practices with his daughter. We do not, for obvious reasons, enlarge upon this unfounded obsession of the mother.

Section 735, Welfare and Institutions Code, requires the court to make a finding of the facts in declaring a child a ward of the juvenile court. It further provides: “The court shall thereupon make such order or orders, in accordance with such findings, as may be necessary for the care of such ward of the juvenile court.” (Italics ours.)