Lortz

Having waived a jury trial and by stipulation submitted the cause on the transcript of the testimony taken at the preliminary hearing, defendant was found guilty of child stealing in violation of section 278.5, subdivision (a), Penal Code, as charged in the information. He appeals from the judgment.

Robert was born to Donna Cain and defendant on August 31, 1979; they lived together until Robert was seven months old; after separation the mother filed a petition in superior court, and an interlocutory judgment giving the parents joint custody of Robert was entered December 5, 1980. On April 20, 1981, the parties personally appeared before Commissioner Ragins of the family law court and pursuant to their oral agreement the interlocutory judgment was modified by order of the court reflected in the minute order of April 20, 1981, as follows: “Custody of the minor child, Robert Thomas Lortz, (born 8-31-79) is awarded to the Respondent [Defendant]. The right of reasonable visitation is reserved to Petitioner [mother]. Custody shall change to the Peti tioner on 9-1-81 if the Petitioner has a place of her own away from her mother and sister. At that time reasonable visitation…