Gury

In this cause, after prolonged hearings upon a motion styled “motion to modify interlocutory decree permitting plaintiff to visit and have the minor children”, the court made its order authorizing plaintiff wife to have with her the two minor children of these parties, properly clothed and equipped, on stated occasions, to wit: on each first and third Saturday and Sunday of the month; one month during vacation each year and alternate holidays. Defendant appealed. Despite the title of plaintiff’s motion, it was not in reality an attempt to modify the decree or change the custody of said children, but was in effect a proceeding to compel appellant to comply with certain terms of said interlocutory decree and the property settlement therein incorporated.

The interlocutory decree of divorce in favor of plaintiff was entered July 2, 1928; final decree October 29, 1931. The interlocutory decree, among other things, awarded custody of the two minor children to appellant, but it also approved, and by reference incorporated, a property settlement agreement which, in providing for appellant to have custody of said children, reserved to plaintiff the right to “take one or both” of them…