Marshall

Petitioner seeks a writ of prohibition to restrain the respondent court from exercising jurisdiction over the custody of his children. Petitioner commenced an action for divorce against his then wife in Marin County, California, and by appropriate allegations put in issue the right to custody of their children. In that action the court made an order by which plaintiff, petitioner herein, was granted temporary custody of the children subject to visitation rights of the defendant. This order has never been modified or revoked and is still in effect.

Thereafter the wife, real party in interest herein, secured a divorce from petitioner in Clark County, Nevada, in an action in which petitioner appeared through counsel. That divorce decree made no reference to the children of the parties.

In August 1958 petitioner’s divorced wife took the children from petitioner for a visit to her home in Contra Costa County and thereupon filed the action in the Contra Costa County Superior Court for their custody. Petitioner objected to the jurisdiction of the Contra Costa County Court on the ground that the Superior Court of Marin County had exclusive jurisdiction. The court overruled this…