Horowitz v. Huttler

Edgar J. Nathan, Jr., J.

Respondent appearing specially moves to set aside a writ of habeas corpus on the ground that this court does not have jurisdiction over the child — the subject matter of this writ — or over respondent. This motion is denied, and the matter will be heard on the merits.

Upon the stipulated facts, the question is presented whether this court has jurisdiction to modify the custodial provisions of a foreign divorce decree when both the father and mother of the child are physically within this jurisdiction, but the child is not.

The parties were married in 1954 in California…