Foster v. Superior Court

Upon petition of Iva Gilbertson Foster, we issued the alternative writ of prohibition.

The facts out of which this proceeding arises are briefly as follows: Whitney Foster is the adopted son of John Morrell Foster and Iva Gilbertson Foster, who were husband and wife at the time of the adoption but have since been divorced by the South Dakota courts. In the decree of divorce, the said son’s custody was awarded to each of the parties but at fixed and different times of the year. While in the custody of Mrs. Foster, the child was brought to California and Mrs. Foster instituted proceedings in the…