In re Kennedy

This is a proceeding in habeas corpus involving the custody of a minor child.

The parties were residents of the State of Michigan and respondent herein, Ruth Kennedy, heretofore began an action in the Circuit Court for the County of Oakland in that state to obtain a divorce from petitioner herein, Charles R. Kennedy, Jr. She also in that action sought the custody of their minor son, Rex Charles Kennedy, presently aged 11 years. It appears that a decree was rendered in that action after the entry of petitioner’s default therein and that petitioner filed within due time a claim of appeal in the Supreme Court of that state, which appeal is pending. Prior to the rendition of the decree in the circuit court and after the commencement of the action therein, petitioner herein brought the child into California. After the rendition of the decree Ruth came to California seeking to obtain the custody of her son. Upon Charles’ petition this court issued a writ of habeas corpus and the child was produced responsive to that writ. The matter of custody was heard by this court on the petition and the traverse thereto. The record of the Michigan action was introduced without objection, save that…