(Download) "Graveley v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Graveley v. District Court
- Author : Supreme Court of Montana
- Release Date : January 16, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
1. Courts ? Writ of supervisory control held proper in this case. A writ of supervisory control is proper to compel the district court to annul and vacate an order modifying a divorce decree which permitted a divorced wife to take children to another state, since the remedy by appeal was inadequate. 2. Courts ? Inadequacy of appeal ground for issuing writ of supervisory control. The mere fact that a district courts ruling may be reviewed on appeal is no ground for withholding the remedy of a writ of supervisory - Page 277 control in the Supreme Court, if the remedy by appeal is inadequate. 3. Divorce ? Removal of children from state ? Best interest to children. The removal of children of divorced parents from the state is permitted where the removal is for the childrens best interests. 4. Divorce ? Removal of children from state ? Companionship of father must be considered. The fact that children of divorced parents would, for all practical purposes, be denied the companionship and advice of their father by a modification of a divorce decree for their removal by the mother to another state, was a circumstance to be considered in weighing the question as to what was best for the children, for the right of a father to companionship with his children is an important right affecting the welfare of the children. 5. Divorce ? Evidence insufficient that removal to best interest of children. On a petition by the mother for a modification of the divorce decree to obtain permission to remove two sons of tender years from Montana to California, so that the mother could take a two-year course as a beautician, the evidence was insufficient to show that the removal was for the best interests of the children, and was therefore insufficient to warrant the removal. 6. Divorce ? Discretion of district court as to removal of children. The question whether children of divorced parents should be removed from the state is a question resting in the trial courts discretion, and with such discretion the Supreme Court will not ordinarily interfere; but, before a trial courts discretion may be properly invoked, there must be some evidence tending to support the conclusion that the childrens welfare will be better promoted by their removal. 7. Divorce ? Evidence warranted increase in maintenance. The evidence justified modification of the divorce decree by increasing the award to the divorced wife for the maintenance of two children of tender years, including one child who was born after rendition of the divorce decree, to $125 a month from $75 as originally ordered, where the divorced wife was unemployed and without property or means of support, and an award of $100 attorneys fees for modification was justified.
 "Graveley v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}