Demarest

This is a proceeding in mandamus which challenges respondent court’s refusal to quash service of summons on petitioners.

The facts underlying the suit pending below arise out of a child custody battle between real party in interest and his former wife, Margaret Jean Hall (hereinafter Margaret). Real party and Margaret were married in Nevada in 1967. They immediately took up residence in California. The marriage produced a daughter in 1969 and a son in 1972, both born in California. The family continued to live in California until 1975, when Margaret and real party separated. Margaret took the children and moved to Mississippi, her parents’ residence, preparatory to her filing for divorce. A Mississippi divorce decree, granted in February 1976, awarded custody of the two children to Margaret.

In April 1976 Margaret returned the children to California to live with their father pursuant to an agreement that he have temporary custody while she completed her education. The agreement, which is memorialized by a letter from real party to Margaret, contemplated that real party’s temporary custody would last about one year. In fact, the children were still residing in California…