Reynolds v. Reynolds, 32900
| Decision Date | 14 October 1954 |
| Docket Number | No. 32900,32900 |
| Parties | Bertha Marie REYNOLDS, Appellant, v. Robert L. REYNOLDS, Respondent. |
| Court | Washington Supreme Court |
Wayne Gladstone, Richland, for appellant.
Olson & Olson, Pasco, for respondent.
The appellant has taken an appeal from a decree of divorce. Her assignments of error are directed to the custody of two minor children, the support money for them, and the division of property.
A review of the marital difficulties of the parties culminating in a decree awarding a divorce to both of them is not necessary for a discussion of the assignments of error.
The children, a boy and a girl, at or about the time of the entry of the decree, were of the ages of seven and five years, respectively. The court found both parents to be fit and proper persons to have custody of the children. The court awarded custody to appellant. Respondent was given the privilege of having the children with him at certain prescribed times and of having their custody from June 15 to August 15 of each year. An assignment of error is directed to the latter part of the visitation provisions of the decree.
The appellant requested the court to award her exclusive custody of the children without visitation privileges on the part of respondent. The record shows that while the divorce action was pending, appellant required that the visits respondent made to his children be in the presence of the man she intended to marry. The court was of the opinion that in view of the attitude of appellant and her desire to sever all ties between the children and their father, such an order should be made as would enable them to associate with their natural father and have the benefit of his affection, influence, and guidance. In this way the welfare of the children will be served and respondent will have the opportunity to combat any efforts of hostile parties to alienate the affections of his children from him.
The appellant complains that no provision was made in the decree for visitation of the children by her while they are with respondent. The absence of such a provision does not mean that the decree is to be construed as depriving appellant of visitation privileges consistent with his custody. If respondent prevents reasonable visitation, appellant has a remedy. Martin v. Martin, 27 Wash.2d 308, 178 P.2d 284.
The decree provided that respondent contribute one hundred thirty dollars per month for the support and maintenance of the children to be...
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...A. And the authorities agree that the alienation of a child from his natural parent should be avoided where possible. Reynolds v. Reynolds, 45 Wash.2d 394, 275 P.2d 421; Meffert v. Meffert, 118 Ark. 582, 177 S.W. 1; Johnson v. Johnson, 102 Or. 407, 202 P. 722; Cowen v. Cowen, supra; and see......
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