Moniz

J.— The question in this case is what, if any, discretion a court has to withhold execution for unpaid installments under a property settlement agreement which has been incorporated into a judgment. The parties have been before this court in two earlier appeals, Moniz v. Moniz, 142 Cal.App.2d 527 [ 298 P.2d 710 ], and Moniz v. Moniz, 142 Cal.App.2d 641 [ 299 P.2d 329 ]. It is not questioned by the parties, and indeed it is the law of the case from the second appeal (142 Cal.App.2d at p. 644), that the judgment is not subject to modification because of the integrated character of the property settlement.

Following the judgment of divorce, appellant, in violation of the judgment, took the children from California to New Mexico under circumstances described in the first Moniz appeal. The children have been returned to California and live with their father, respondent. In the second Moniz case, the husband sought modification of the monetary award which had been made against him, to the extent of his expenses in regaining custody of the children. This was denied, but it was suggested that he might bring independent action (142 Cal.App.2d at p. 643), or that if the wife should take…