Clarke v. Clarke

The plaintiff has appealed from an order modifying the provisions of an interlocutory divorce decree with respect of custody of the minor daughter of the parties.

On March 29, 1948, the plaintiff husband filed a complaint for divorce on the ground of extreme cruelty. At that time the child was 20 months old. In the complaint it was alleged that the defendant wife was a fit and proper person to have the care, custody and control of the child. A property settlement agreement provided that the defendant should have custody of the child except for the months of July, August and the first two weeks…