Perry

Petitioner Lynn A. Perry seeks a writ of habeas corpus to recover custody of her children. She also seeks a writ of prohibition to restrain respondent superior court from determining whether changed circumstances warrant withholding enforcement of a Nevada divorce decree giving her custody of the children.

Mrs. Perry and James Gillem were divorced in Nevada in 1968. Mrs. Perry was awarded custody of the two minor children, James Jr., now 6 years old, and Mark, now 4 years old. Gillem was given reasonable visitation rights and physical custody between June 15th and August 10th of each year. Mrs. Perry and the children lived in Nevada.

On March 19, 1969, the Nevada court made an order defining reasonable visitation rights as one weekend each month, with the children to be returned at 7 p.m. on Sunday. Gillem was ordered not to take the children out of Elko County, Nevada. On September 28, 1969, Gillem arrived in Elko to exercise his visitation rights. In violation of the court’s order he took the chidren to California where they are presently living with Gillem and his parents, Luke and Louise Gillem, in Oririda.

On October 7, 1969, the Nevada court issued an order to…