Divorce Decree—Procedure to Invoke Jurisdiction to Modify

H obtained a default divorce decree under which W was given custody of two minor children and H was granted reasonable visitation privileges. Later H remarried and established residence in Montana, and, in order to enable the children to visit him there, filed a motion and affidavit for an order that W show cause why the decree should not be modified. The show cause order was granted, but meanwhile W, in an original application in the Supreme Court, requested a writ of prohibition restraining the Superior Court from modifying. She contended that Superior Court jurisdiction to modify cannot be invoked by a motion and affidavit.

Held: Writ granted. RCW 26.08.170 [Rem. Supp. 1949 § 997-17] (formerly RRS § 995-3; PPC § 7511-3) provides that "upon filing of a properly verified petition ... the Superior Court... shall have full and complete jurisdiction of the cause." State ex rel.

Edwards v. Superior Court, 37 Wn. 2d 8, 221 P. 2d 518 (1950). The decision apparently implies that filing a petition is the only effective procedure.