Gantner

This action is a companion case to Gantner v. Superior Court, ante, p. 688 [ 242 P.2d 328 ]. The factual and procedural events leading to this proceeding *692 are described in that opinion. After we granted a hearing in the prohibition proceeding, Neilma filed a petition with this court, requesting that it issue an order, pending determination of Vallejo's appeal from the custody modification action, permitting Neilma to take the two minor children to visit her relatives in Australia, conditional upon such undertaking as might be required by the court.

In Gantner v. Superior Court, supra, we issued a peremptory writ of prohibition, on the ground that the appeal from the custody modification action deprived the trial court of jurisdiction to enter an order permitting Neilma to take the children out of this state.

The first question presented is whether this court has jurisdiction to enter the requested order. The effect of an appeal is to remove the subject matter of the appeal from the jurisdiction of the trial court. (Code Civ. Proc., § 946; Lerner v. Superior Court, ante, p. 676 [ 242 P.2d 321 ] ; Vosburg v. Vosburg, 137 Cal. 493, 496 [ 70 P. 473 ].) At all times, however, the…