In Re Livingston

This is an application by Herbert W. Livingston, the father of Dean Livingston, a minor, for a writ of habeas corpus. The petitioner and Lois Livingston intermarried in September, 1918, and there was born to them during the year 1919 the son, Dean Livingston. On August 28, 1925, Lois Livingston commenced an action in the state of Wisconsin against petitioner for a divorce. She was granted a decree, on June 30, 1926, and upon stipulation of the parties the court awarded the custody of Dean Livingston, then of the age of about seven years, to the mother “subject to the supervision of the court’’, and with right granted to the petitioner to have the child with him each Sunday of the year, with the exception of four to be designated by the mother, and excepting also that defendant was given the custody of the child during the school vacation occurring during the holiday period each alternate year commencing with the year 1926 and each Easter school vacation in alternate years commencing in 1927, and for two weeks during the summer school vacation of every year. The decree provided further that neither parent was to take or permit anyone to take the child beyond the jurisdiction of the…