In Re Marriage of Jenkens

Lemkin, Schilling & Lemkin and John R. Schilling for Interveners.

OPINION

STANIFORTH, J.

This is a custody battle between the mother and the maternal grandparents of an 11-year-old boy. The mother petitioned for a writ of supersedeas to stay, pending appeal, a trial court order awarding the grandparents visitation with the child in their Seattle, Washington, home, restricting the mother's residence to Orange County, and compelling her to undergo therapy. That same order finds the mother a fit parent. We hold such an order presumptively invalid and order issuance of a writ of mandate to vacate it. [1]

The mother was awarded custody of the boy by an interlocutory dissolution decree in Washington in October 1969. In April 1970, the father died. The current interveners, the grandparents (Gleboffs) were not parties to the dissolution action. However, since then a dismal battle has been waged between the Gleboffs and their daughter (Jenkens) over the child. In June 1978, the mother allegedly placed the child permanently with the grandparents. However, in February 1979 the latter filed a petition in the Washington courts seeking custody, and the mother opposed that, kidnaped the…