Opinion
Gen. No. 44,405. (Abstract of Decision.)
Opinion filed May 10, 1949 Released for publication June 3, 1949
DIVORCE, § 126 — modification of decree as to custody of child as against public policy and inequitable. In divorced mother's proceedings for modification of provisions of divorce decree awarding her sole custody of three-year-old child, subject to rights of visitation, decree permitting mother to remove child from trial court's jurisdiction and take him to her home in St. Louis, Missouri, for seventy-five per cent of each month until further order of court could not be sustained as permitting merely "temporary removal" from court's jurisdiction and was reversed as being against "public policy" and inequitable, where child's father had been granted divorce on mother's stipulation that she was guilty party.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. GEORGE M. FISHER, Judge, presiding.
Decretal order reversed. Heard in the second division, first district, this court at the April term, 1948.
David A. Canel and Leonard A. Canel, for appellant;
Bartoline Jones, for appellee.
Not to be published in full. Opinion filed May 10, 1949; released for publication June 3, 1949.