In Re Marriage of Schwander

The paternal grandfather of two minor children appeals from an order of the superior court which denied his request for temporary custody of the children, and instead awarded custody to their mother. We affirm the order.

Hans Schwander (hereinafter father) and Gudrun Schwander (hereinafter mother) were divorced by a decree of the circuit court of Illinois entered December 11, 1975. The decree awarded to the father custody of the two minor children of the marriage (Hans, Jr., bom Dec. 27, 1967, and Eric, born Aug. 30, 1970). On or about May 1, 1976, the mother, who had remarried, filed, in the Illinois court, a petition for modification of the decree to award custody of the children to her. By an order entered July 29, 1976, after a contested hearing, the decree was so modified. Meanwhile, in June 1976, the father, with knowledge of the pendency of the petition for modification, sent the children to his parents (hereinafter grandparents) in California. The children arrived at the home of the grandparents (Santa Monica, California) in early June 1976, supposedly for a two-month visit. The grandparents, who had learned of the custody modification order, took the position…