Mitchell v. Pincock

577 P.2d 343, 99 Idaho 56, 1978 Ida. LEXIS 376
CourtIdaho Supreme Court
DecidedMarch 1, 1978
Docket12327
StatusPublished
Cited by18 cases

This text of 577 P.2d 343 (Mitchell v. Pincock) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Pincock, 577 P.2d 343, 99 Idaho 56, 1978 Ida. LEXIS 376 (Idaho 1978).

Opinions

DONALDSON, Justice.

Marilyn Mitchell (petitioner-appellant), an unmarried woman, gave birth to Christopher Mitchell on November 30, 1971 in La Mesa, California. Unsure if she wanted the baby, she signed a release allowing Lois Pincock (defendant-respondent) and her husband to take Christopher home from the hospital. About three months later, the Pincocks wanted to adopt Christopher, but Mitchell refused her consent. She demanded the baby be returned and the Pincocks instituted guardianship proceedings in California Superior Court. Legal proceedings have been continuous ever since.

The Superior Court of California initially granted the guardianship petition of the Pincocks on August 11, 1972. Mitchell appealed this order to the California Court of Appeals who reversed the lower court order. Basically, the appellate court held [57]*57that California law requires a finding of detriment to the child to overcome a presumption in favor of a natural parent for guardianship purposes. Also the court found the evidence received by the trial court could not legally comprise a finding of detriment to the child.

On remand, the same judge in Superior Court held another trial and on November 30, 1973, again awarded guardianship to Lois Pincock on February 22, 1974.1

This decision was also appealed to the California Court of Appeals. Again the court reversed, holding the trial court had not shown the detriment required to deprive a natural parent of custody. On February 20,1975 the Court of Appeals ordered the trial court to deny the Pincock petition and ordered the child delivered to Marilyn Mitchell.

A few weeks before the decision was handed down by the Court of Appeals, Lois Pincock moved herself, her children, and Christopher Mitchell to Eagle, Idaho.

Pincock attempted to appeal the reversal to the California Supreme Court, but the appeal was denied on April 24, 1975. Pursuant to the order of the California Court of Appeals, the guardianship was terminated on June 16,1975. A copy of this order of termination was personally served upon Pincock by the Ada County Sheriff.

Pincock refused to return the child. The California Superior Court ordered her to show cause why she should not be held in contempt for failing to return the child. On September 11, 1975, Pincock was found in contempt by the California Superior Court and a warrant for her arrest was issued.

Marilyn Mitchell, the mother of the child, filed a petition for a Writ of Habeas Corpus on September 29, 1975 in Fourth District Court in Ada County, Idaho. Several hearing were held in the Magistrates Division of the District Court. The magistrate concluded that Mitchell appeared to be an adequate mother, that Pincock had not shown her unfit and that the decision of the California courts should be given full faith and credit and comity. Further he found that the California courts had full jurisdiction of the parties and subject matter and that the case was fully litigated with counsel. The Writ of Habeas Corpus issued and the child was ordered to be returned to his mother. However, it was ordered that the child be placed with the Idaho Department of Health and Welfare pending appeal.

Pincock appealed to the district court and a trial de novo was held. The district judge found that Lois Pincock could provide a better environment for Christopher Mitchell to be raised in and that it would be detrimental to him to be returned to his mother. The Writ of Habeas Corpus ordered by the magistrate was quashed and the child was returned to Lois Pincock.

Mitchell appeals to this Court, raising important full faith and credit and comity issues.

The full faith and credit clause of the United States Constitution requires that valid sister state judgments be accorded full effect. U.S.Const. art. 4, § 1. The purpose of the full faith and credit clause is to integrate and unify the nation by according finality to a prior final judgment issued by another state or federal court. Porter v. Wilson, 419 F.2d 254 (9th Cir. 1969), cert. denied, 397 U.S. 1020, 90 S.Ct. 1260, 25 L.Ed.2d 531 (1970); see Nadelmann, “Full Faith and Credit to Judgments and Public Acts; A Historical-Analytical Reappraisal,” 56 Mich.L.Rev. 33 (1957). This purpose has been effectuated by Congress in 28 U.S.C. § 1738 (1971). Principles of res judicata are given to the final judgment of a sister state. Lynne Carol Fashions, Inc. v. Cranston Print Works Co., 453 F.2d 1177 (3rd Cir. 1972).

It is clear that Lois Pincock’s legal relationship to Christopher has been exhaustively litigated in California. Two trials were held and two decisions resulted. The California Court of Appeals twice reviewed [58]*58the case and the California Supreme Court declined to review it. As of June 16, 1975 Lois Pincock has no legal right to Christopher Mitchell.

Pincock does not attack the California judgment, rather she contends the California “custody decree, being modifiable, lacks the requisite finality of most judgments.” Therefore, the circumstances have changed because the child is older now and in Idaho, so custody can be relitigated here.

This argument ignores both the facts of the case and the import of full faith and credit. The California litigation resulted in a final determination on guardianship, not on custody. Lois Pincock has had possession of the child almost continually since December 1971. This possession was legal only for two periods after California Superior Court orders granting letters of guardianship and before those orders were reversed on appeal. Since June 16,1975, Pin-cock has been in possession of the child in direct violation of California law.

Further, Lois Pincock was before the California courts for all of the proceedings. She fully litigated the issue in California, to the point of appealing to the California Supreme Court while she was in Idaho. Having conclusively lost guardianship in California, Pincock seeks to have guardianship awarded by Idaho courts. We decline to do so.

Quarrels over possession or custody of minor children often raise violent emotions which must be controlled by an equitable and orderly legal process. Full faith and credit ensures this equity. A final judgment has been entered in California, conclusively denying guardianship to Lois Pincock and returning the child to the parent and natural guardian, Mitchell. This judgment must be given effect in Idaho. The seemingly endless litigation must be stopped.

While it is true that we have held that full faith and credit in custody disputes may be limited in certain situations; Ex parte Derr, 70 Idaho 527, 224 P.2d 306 (1950); this is not one of those situations. In that case this Court sustained a trial court’s judgment modifying an Oregon custody award between parents. Several points make the rationale of that case not inconsistent with our holding here. In Derr we noted that both parties consented to the custody trial in Idaho.

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Mitchell v. Pincock
577 P.2d 343 (Idaho Supreme Court, 1978)

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Bluebook (online)
577 P.2d 343, 99 Idaho 56, 1978 Ida. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-pincock-idaho-1978.