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Descripción de la editorial

In 1959 Robert C. Clark, petitioner-appellant herein, married Judith Clark (Jelinek). Two children, the subjects of this action, were born of this marriage. In 1962 the Clarks were divorced in Idaho (although the record is not clear, it appears that the Clarks were married in Idaho and until the divorce were residents and domiciliaries of Idaho). Mrs. Clark was awarded custody of the children. Shortly thereafter, Mrs. Clark married one Chamberlain; this marriage was soon annulled because Chamberlain was already married at the time of his marriage to Mrs. Clark. In May 1963 Mrs. Clark married Paul Jelinek, respondent herein. A child, a half sister of the two Clark children, was born of this marriage. In November 1963 the Jelineks moved to Connecticut with the two Clark children and lived there until Mrs. Jelinek was untimely killed in an automobile accident in July 1965. Mr. Jelinek and the two young children returned to Idaho to attend the funeral of Mrs. Jelinek. On July 27, 1965, the children were taken to Portland, Oregon, by Jelinek's aunt and uncle, where they were to await the arrival of Jelinek, at which time he and the children were to return to their home in Connecticut. On July 28, 1965, Clark obtained a writ of habeas corpus for Jelinek to show cause why the children should not be returned to Clark, their natural father. Jelinek was served personally in Idaho and appeared in person at the hearing. Upon the return to the writ and the hearing held thereon, the district court quashed the writ and ordered the custody of the children to remain with their stepfather, Jelinek. From that judgment Clark appeals.

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31 mayo
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