Brooks v. Brooks

This is a habeas corpus proceeding brought by the plaintiff father to gain physical custody of his two minor sons presently in the custody of defendant mother.

Plaintiff appeals from a decree denying the writ and refusing to enforce a previous Montana modifica tion order giving custody to plaintiff. He makes two assignments of error:(1) “The court erred in refusing to enforce the Montana modification order.”(2) “The court erred by modifying the Montana custody order without any showing of a change of circumstances subsequent to the making of the last custody decree.”

The parties were married in…