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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