Bender

Defendant and cross-complainant appeals from orders denying a change of venue, modifying an existing custodial decree granted in an action for divorce and denying her motion for a change of custody.

In 1949 the Superior Court for Merced County granted respondent herein an interlocutory decree of divorce from appellant, but awarded the custody of the then 4-year-old daughter of the parties to her mother, appellant herein. In 1954 the court modified the custodial provisions of the divorce decree by awarding to respondent the custody and control of his daughter, subject to the condition that she be placed in a boarding school in the vicinity of San Francisco, with each of the parties having the right to have the child on alternate weekends and holidays, and for one-half of the summer vacations. In May of 1957, respondent, who is a major in the United States Air Force, filed a notice of motion to further modify the custodial order by permitting him to take the girl to the Philippine Islands, where he had been assigned to a tour of duty. Appellant herein filed a notice of motion for a change of venue to the city and county of San Francisco, where she was living with her present…