The opinion
THOMPSON, J., concurring.
I concur in the reversal of the order appealed from, awarding the exclusive custody of the children to the father, on the ground that there is no substantial evidence of a change of conditions affecting their welfare since the previous order was made January 10, 1942, awarding them to the custody of the mother during the months of May, June, July and August of each year. The fitness of neither parent is seriously disputed. The court previously found that both parents were fit and proper persons to assume the custody of the children. On a motion to change the custody of children from one parent to another, the court should give effect to the former order and refuse to modify it unless there is evidence adduced showing a change of conditions detrimental to the welfare of the children. (Foster v. Foster, 8 Cal.2d 719, 726 [ 68 P.2d 719 ].) No such change appears on the present appeal.
A petition for a rehearing was denied July 17, 1945, and respondent’s petition for a hearing by the Supreme Court was denied August 16,1945. Schauer, J., voted for a hearing.