Harris

Appellant sued for divorce in Marin County in 1956; subsequently the parties executed a property settlement agreement providing in part that they shall have joint legal custody of the five minor children, with their physical care in the mother and right of reasonable visitation in the father, and that he shall pay to her for their support $120 each, or a total of $600 per month; and the foregoing was incorporated in the interlocutory decree of December 13, 1956. Thereafter in April 1957, and under court order, appellant moved the children to Los Angeles. A final decree of divorce was entered in December 1958. On May 29, 1959, respondent filed an order to show cause for modification of the interlocutory decree seeking physical custody of the minors; for a change of circumstances he alleged that appellant did not apply the $600 per month to the care and support of the children, that she was taken into custody by juvenile authorities because of unsanitary conditions under which the minors were kept, that the health and welfare of the children are in jeopardy, and that the children do not have adequate clothing and food. After a five-day hearing during which extensive testimony was…