Dyer v. Dyer

• Decision Date: 04 November 1911
• Citation: 65 Wash. 535,118 P. 634
• Court: Washington Supreme Court
• Parties: DYER v. DYER.

118 P. 634

65 Wash. 535

DYER v. DYER.

Supreme Court of Washington

November 4, 1911

Department 2. Appeal from Superior Court, Pierce County; C. M Easterday, Judge.

Action by Freda Dyer against S. S. Dyer. From an order denying plaintiff custody of children, she appeals. Affirmed.

H. W Lueders, for appellant.

Garvey Kelly & MacMahon, for respondent.

ELLIS J.

This is an appeal from an order denying a petition to modify a decree of divorce.

On December 2, 1909, the decree was rendered in favor of the appellant, Freda Dyer, now Freda McKee, against her then husband, the respondent, S. S. Dyer, in the superior court for Pierce county, by Hon. M. L. Clifford, one of the judges of that court. Of the three children, the care and custody of the two boys, John, aged seven years, and Charley, aged twenty months, was awarded to the appellant, to continue so long as she should conduct herself as a mother towards them in their support, example, and training, and until the further order of the court, and so long as she can provide for them without neglect or misusage on her part. The decree further provided that the respondent should have the right to visit the two children at all reasonable times, and take them out for amusement, entertainment, and other purposes. The decree also recited that the father, S S. Dyer, was a fit and proper person to have the care and custody of the daughter Loretta, aged six years, and directed that he should at his expense place her in school at the Academy of Visitation in Tacoma, Wash.; that both parties should be entitled to visit her and take her out for amusement and entertainment at all reasonable times at the discretion of the superioress of the academy, the child to remain there so long as the respondent pays her expenses, or until the appellant and respondent mutually agree in writing to place her in some other like institution. On March 12, 1910, upon application of appellant, the court modified the decree by an order limiting the right of the father as to visiting the two boys and taking them out to Tuesdays, Fridays, and Sundays, unless otherwise agreed upon between the parties, and not later on such days than 15 minutes to 9 o'clock p. m. On July 22, 1910, the appellant again applied to the court for a modification of the decree so as to give her the custody of the daughter Loretta, but this application was abandoned by agreement of the parties. From then until September 20, 1910, when the appellant intermarried with one Fred McKee, it seems that by mutual agreement the child Loretta lived with appellant; the respondent agreeing to contribute $25 per month for her support and board. On the appellant's marriage the respondent again placed the child in the Academy of Visitation, where she remained until October 29, 1910, when on application of respondent the court made an order modifying the decree so as to permit him to take the child Loretta, freed from the restrictions in the original decree, and maintain her in a home established for her and himself in Tacoma, where he should have her care and custody subject to appellant's rights to visit her as provided in the original decree. All of the foregoing applications were presented before Judge Clifford. On January 12, 1910, appellant again applied to the court, Hon. C. M. Easterday, another judge, presiding, for a modification of the decree so as to award the care and custody of all three of the children to her, and to require the respondent to contribute to their maintenance and support. The application...