Chaffey

In this child custody ease defendant father appeals from an order which modifies a previous judgment by transferring custody of the three minor children of the parties from defendant to plaintiff. Defendant was also ordered to make payments to plaintiff for support of the children. We have concluded that the order appealed from should be reversed for failure of the trial court to give fair consideration to defendant’s plea for a stay of proceedings under the provisions of the Soldiers’ and Sailors’ Civil Relief Act of 1940.

In August 1957 defendant was granted a divorce from plaintiff by the Circuit Court of the Territory of Hawaii, as well as custody of the three children, then aged 1 year, 2years, and 4 years, respectively. In October 1957 plaintiff and her present husband, Mr. Foster, then a member of the United States Air Force, were married and established their residence in Petaluma, California. Defendant, who was also a member of the Air Force, was then residing with the children at the home of his parents in Oakland, California. Plaintiff and the children visited together frequently, both at the Oakland address and in plaintiff’s own home.

In December 1958 plaintiff…