Harris

Petition for writ of supersedeas and for a temporary stay pending decision on the petition. The temporary stay was granted and the respondent was ordered to show cause why the writ should not issue.

Petitioner contends that there was probable error and manifest abuse of discretion in the trial court at a hearing in re modification of an order pertaining to the custody of minor children.

Appellant-petitioner is the mother, and respondent is the father. They will be so designated in this opinion.

The parties were married. They have five children of ages 8 years to 3 years. In a divorce action in Marin County the mother was granted an interlocutory decree on December *204 13, 1956. This decree granted joint custody but awarded “physical care, custody and control” to the mother.

On April 12, 1957, the interlocutory decree was modified. The modification changed a restraining order, which restrained the mother from removing the children from the “San Francisco Bay area for more than a period of 30 days,” to an order restraining the mother from removing the children from the “State of California.” All other orders contained in the interlocutory decree remained in effect.

On December…