This section contains the nature of the case and procedural background.

Michael (H) and Penny (W) were married in 1961 and had three children and were divorced by 1968. Custody was given to H with liberal visitation to W. W then moved to Vermont and married Ralph and H married Pauline. In July 1968, W took the children to Vermont and refused to return them in violation of the court's decree. H instituted a habeas corpus action, and the children were returned by stipulation. In 1972, H no longer loved Pauline, and they filed for a divorce. W filed for a custody claiming changed circumstances. The trial court ordered custody to remain with H. W then filed a motion requesting that there be an investigation by the Probation Department. They recommended that custody be given W. H appealed.

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