Chichester

This appeal is taken by defendant-appellant from a pendente lite order entered in an action brought by plaintiff-respondent seeking to have a foreign decree granting to plaintiff a divorce and other relief established as a judgment of this state, which order awards to the plaintiff the temporary custody of a minor child and attorneys’ fees, decrees that the foreign decree is entitled to full faith and credit and that the child custody provision of a prior California decree granting a divorce to defendant is null and void. The notice of appeal runs to the entire order but defendant makes no charge of error as to that portion thereof which awards suit money.

The facts pertinent to this opinion may be summarized thusly:

On July 13, 1962, defendant was granted an interlocutory decree of divorce in the Superior Court, Kern County (hereinafter referred to as the California decree). The decree awarded to defendant the custody of the minor child. Plaintiff here, defendant in that action, was personally served in Alaska by substituted service. She did not appear or participate in the California action. That decree has never been modified or vacated in a California court and no appeal…