Blackwell

Defendant husband moved for modification of a divorce decree to transfer custody of the two minor children from plaintiff wife to him. His motion was denied, and on plaintiff’s motion she was granted leave to remove the children temporarily from the United States. In the course of the proceedings, husband moved to disqualify the trial judge for cause (Code Civ. Proc., § 170, subd. 5). Although the record on the latter motion is somewhat cloudy, it is clear that no hearing was held on the claimed disqualification, and that the judge did determine both custody motions. Defendant appeals.

The voluminous record before us includes transcript of a juvenile court proceeding involving fitness of the mother to have custody of the children.

On May 20, 1959, about a year after entry of interlocutory decree, hearings were commenced in juvenile court upon the petition of one Yantis, who had alleged that the children fell within subdivision (b) of Section 700, Welfare and Institutions Code, by reason of conduct of the mother, particularly her asserted sexual molestation of the daughter of the parties, which Yantis alleged he had witnessed through a window of the mother’s home. The record…