Swenson

This is an appeal by plaintiff from an order modifying a final decree of divorce in so far as its provisions relate to the custody and maintenance of two minor children, a girl and a boy, aged six and one-half and four years, respectively, at the time the order in question was made.

The interlocutory decree was granted to appellant in May, 1925, upon the ground of extreme cruelty, and in accordance with the terms of a written stipulation theretofore entered into between the parties the decree awarded the custody of the children to appellant subject to the conditions hereinafter mentioned, and provided for the payment by respondent of a monthly allowance for their maintenance and education. Respondent is a lieutenant in the United States Navy, and at all the times herein mentioned was assigned to duty on one of the battleships attached to the Pacific fleet; and in accordance with said stipulation the provision in the decree awarding appellant the custody of the children was made subject to the condition that respondent should “have the right to see and have the possession and custody of both of said minor children whenever he shall be present in the port of San Francisco,…