Marriage Of Ben-Yehoshua

154 Cal. Rptr. 80 (1979)

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Nature of the Case

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Facts

W is a United States citizen. H is a citizen of Israel. They were married in Israel on April 10, 1962. Three children were born. H and W, together with their children, were domiciled in Israel from the time of their marriage for 13 years. On June 25, 1975, W came to Hanford, Kings County, California, with the three children to visit her mother. She testified that when she initially came here, she did not have in mind separating or divorcing her husband or remaining in California. On July 9, 1975, she filed a petition for separation. The court issued an ex parte pendente lite order awarding custody of the children to W and prohibiting H from removing them from California. W has not returned to Israel since that time. Near the end of July or early August 1975, without W's consent, H surreptitiously removed the children, took them to Israel, and has not returned. H appeared through counsel. The divorce decree awarded custody of the children to W with reasonable visitation in the husband, awarded $75 per child per month child support, no spousal support, $600 attorney's fees to W's attorney and actual costs, and awarded an undivided one-half interest in certain real and personal property situated in Israel to W. H instituted divorce proceedings in Israel in which on June 23, 1976, he was awarded temporary custody of the children and on February 23, 1977, was awarded a decree of divorce and custody of the children by the Israel court. W did not appear in person or through counsel. H appealed the ruling in California.