Goto

The trial court made an order on November 13, 1959, requiring defendant to pay plaintiff’s counsel $2,000 attorney’s fees and $300 court costs in connection with certain proceedings in the reviewing courts concerning the custody of their son Hans. Defendant appealed from this order on November 22, 1959. On December 23, 1959, plaintiff gave notice of motion for an order requiring defendant to pay counsel fees and costs to oppose the appeal from the aforesaid order. A hearing on this motion was held on February 10, 1960. On March 1st the court awarded plaintiff’s counsel $500 for attorney’s fees. The instant appeal by defendant is from this order.

Plaintiff and defendant were divorced some years ago. They have each since remarried. They are both doctors. Plaintiff is employed by the Army at Port Ord Hospital, Port Ord, California. Defendant is engaged in the general practice of his profession in Los Angeles.

While the court may, in a proper case, grant counsel fees to defend an appeal from a prior order granting a motion for such fees and costs (Kyne v. Kyne, 74 Cal.App.2d 563, 569 [ 169 P.2d 272 ]), it is nevertheless incumbent upon the person seeking such fees to establish her…