Cooke

Prohibition. Petitioner seeks to prohibit the Superior Court of the State of California, in and for the City and County of San Francisco, Department 12 thereof, and the Honorable J. J. Trabucco, judge presiding, from further hearing or determining a proceeding in habeas corpus now pending before said Superior Court, involving the custody of Shirley Cooke, a minor child of the age of five and one-half years.

The facts are as follows: James H. Cooke and Hilda Betty Cooke are husband and wife and are the parents of said Shirley Cooke, all of whom are subjects of Great Britain, and, until recently, resided in the province of Ontario, Canada.

It is in substance alleged by the father of said child, in his petition for the writ of habeas corpus, that under Canadian law he has been declared the custodian of said child, and that during the month of January, 1925, the mother kidnaped said child, in said province of Ontario, Canada, and unlawfully brought her to the United States.

In the return to said writ of habeas corpus, filed by the mother of said child, it is, in effect, alleged that on June 7, 1925, at the instance of the father, in the city of Reno, state of Nevada, she and the…