Stuard v. Bean

OPINION

HATHAWAY, Judge.

Petitioner brings this special action, alleging that the refusal of the respondent court to decide a jurisdictional issue in a child custody case constitutes a failure to perform its duty as required by law. We find the use of special action proceedings particularly appropriate in this case since the welfare of children is involved and there is no remedy by appeal. We therefore assume jurisdiction and grant relief.

The pertinent facts are as follows. On February 8, 1975, James Ziglar delivered his two minor daughters into the custody of his mother, the petitioner, a…