In Re Wenman

This is a proceeding in habeas corpus brought to recover the custody of a minor child alleged to have been abducted and at present unlawfully detained. The writ having issued, a return was made thereto by the person detaining the child, and the matter is before us for decision upon demurrer to the return.

In May, 1914, in the state of Connecticut, the parents of the child—a boy now seven years of age—were divorced, and his custody was by the decree awarded to the petitioner, the father, with the right to the mother to visit her son twice a week at his father’s home in the state of Connecticut, and to be given his custody during certain vacation periods each year. That decree was subsequently, in the month of June, 1915, modified by consent of the parties, and as modified provided that the mother should be permitted to visit the boy at his father’s said home twice a month, remaining all day, and that he should be permitted to be with his mother at the home of her parents on Easter Sunday and Christmas day of each year, to remain overnight, and to be returned to his father on the following day as soon as reasonably convenient.

In the closing days of December, 1916, the boy’s…