Milne
Milne v. Goldstein
Opinion
Opinion
Sparks, J.
Defendant Geraldine M. Goldstein has appealed from a judgment and order of the court compelling her to send her two minor daughters for a six-week visit with their father Joel Michael Milne in South Africa. She seeks a writ of supersedeas to hold in abeyance the operation of the judgment until the appeal therefrom can be heard and determined.
Antecedent data before us shows that the Milnes were married in New York City in the year 1947; that they thereafter removed to Johannesburg, Union of South Africa, where the two children were born, Linda on July 28, 1948, and Candice on October 18, 1950. In 1953 defendant and the two children left the Union of South Africa on the pretext of a visit and came to the United States. Thereafter defendant refused to return with the children to South Africa. On September 9, 1954, the defendant obtained a final decree of divorce from plaintiff in the State of Nevada, whereby the custody of the children, then being physically in the State of Nevada, was awarded to defendant with right of reasonable visitation by plaintiff. Since the latter part of 1954, defendant and the two children have lived continuously in California at Los Angeles. Defendant…