In Re Marriage of Ben-Yehoshua

Shimshon Ben-Yehoshua, husband, appeals from an interlocutory decree of dissolution awarding custody of his three children to his wife, Leslie Ben-Yehoshua, and ordering him to pay child support, attorney’s fees and costs and also dividing certain property located in Israel. We shall reverse that part of the judgment awarding custody of the children and awarding child support and affirm the balance.

Wife is a United States citizen. Husband is a citizen of Israel. They were married in Israel on April 10, 1962. Three children were born of the marriage: Eyal, born August 15, 1964, Liat, born June 20, 1967, and Amit, born August 16, 1972. Husband and wife, together with their children, were domiciled in Israel from the time of their marriage for 13 years. On June 25, 1975, wife came to Hanford, Kings County, California, with the three children to visit her mother. She testified that when she initially came here she did not have in mind separating or divorcing her husband or remaining in California. However, 14 days after her arrival, on July 9, 1975, she filed a petition for separation in Kings County. The court issued an ex parte pendente lite order awarding custody of the…