No. 14328 

IN THE SUPREME cm OF THE STATE OF MONTANA 

1978 

STATE ex rel., RIcHAFCl K. JENNXS, 

Relator, 

THE DISTRICT COUET OF THE THIRD JUDICIAL 

DISTRICT et al., 

Respondents. 

Counsel of Record: 

For Relator: 

Jack Scanlon argued, Anaconda, Montana 

For Respondents: 

Knight, Dahocd, mckay ad IWLean, Anaconda, Montana 

Conde Mackay argued, Anaconda, Wntana 

Suhnitted: July 21, 1978 

j. Filed: && - 

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Mr. Justice John Conway Harrison delivered the Opinion of 

the Court. 

Relator, ~ichard K. Jennings, has applied to this Court 

for a writ of supervisory control to be directed to the District Court of the Third Judicial District, Deer Lodge 

County, and to Honorable Robert J. Boyd and Honorable Arnold 

Olsen. The application concerns jurisdiction over child 

custody proceedings initiated in Montana by relator's former 

wife, Sandra Jennings, as a response to similar proceedings 

brought by relator in Iowa. 

Richard and Sandra Jennings were married in Iowa on 

July 25, 1976. It was Sandra Jennings' second marriage. 

Some two months later, they were separated. The husband, as 

petitioner, was granted a decree of dissolution of marriage 

on February 24, 1977, three days after the birth of the 

couple's daughter. The decree awarded custody of the child 

to the wife. At that time, she also had custody of her son 

under a decree of dissolution from her previous marriage. 

During the ensuing months, a number of problems arose 

with respect to the husband's visitation rights and the 

parties returned to the Iowa court on two occasions for 

further clarification of these rights. On October 3, 1977, 

the wife moved to Anaconda, Nontana, to escape what she has 

termed the husband's "abuse and harassment". After she 

moved, the husband returned to the Iowa court and received 

an order terminating his child support payments and granting 

him custody of the couple's daughter. A short time later, 

the wife's first husband returned to the Iowa court from his 

home in Nebraska and received a similar order with respect 

to the child of the wife's marriage to him. The wife did 

not attend either of these hearings. 
On ~pril 21, 1978, relator filed the Iowa order modifying custody with the Clerk of the District Court, Deer 

Lodge County, Montana, so that it might be enforced in this 

state pursuant to section 61-416, R.C.M. 1947 (Supp. 1977). 

On the husband's motion, the Honorable Arnold Olsen, sitting 

in the absence of Honorable Robert J. Boyd, issued an order 

giving full faith and credit to the Iowa proceedings and 

directing the wife to surrender custody of the daughter to 

the husband. The wife was never served with this order. 

On May 3, 1978, the wife petitioned the District Court 

for a hearing challenging the jurisdiction of the Iowa 

district court to modify the decree of dissolution as to 

custody. That same day, Judge Olsen again ordered the wife 

to relinquish custody of her daughter. However, Judge Boyd, 

having returned to the bench, issued a temporary restraining 

order prohibiting the husband from taking custody of the 

daughter until a hearing could be held concerning the matter. 

On May 9, the wife petitioned the court to modify the Iowa 

decree of dissolution and return legal custody of her daughter 

to her. That same day, counsel for relator filed a motion 

seeking full faith and credit for the Iowa order obtained by 

the wife's first husband with respect to the wife's son. 

The first husband later obtained custody of the son through 

habeas corpus proceedings in the State of Washington where 

the wife had taken the son for medical treatment. 

On May 30, relator moved that the temporary restraining 

order be quashed, the petition for modification dismissed, 

and the April 21 order enforced. Judge Boyd denied the 

husband's motion and ordered him to seek a writ of supervisory control in this Court to determine the question of 

jurisdiction. We hold that supervisory control is not a 

necessary remedy under these facts to determine the relief 

sought by relator. 
This Court, in State ex rel. Woodahl v. District Court 

(1975), 166 Mont. 31, 38, 530 P.2d 780, 785, held: 

"* * * when the facts clearly show that a party 

has no plain, speedy or adequate remedy at law, 

and when there is no right of appeal from a 

district court's order, a writ of supervisory 

control may issue so that the decision of the 

lower court may be reviewed by the Montana 

Supreme Court . " 

Further, this Court, in Petition of Charles Waite, Jr. 

(1964), 143 Mont. 321, 322, 389 P.2d 407, 408, stated: 

"It is incumbent further upon petitioners 

seeking original jurisdiction in this court 

to make a showing of the inadequacy or unavailability of any other remedy, either in the 

district court or by way of appeal to this 

court . " 

Relator has a plain and speedy remedy at law available 

to him by appeal from any action of the District Court. 

Therefore, the application of relator is dismissed without 

prejudice and this matter is remanded to the District Court 

of the Third Judicial District for such further proceedings 

as it may deem appropriate. 

We Concur: 

%,-Jw WdWeq Chief Justice 

. - - 

.,>v,%"- 6, )?I&<+ 

, / Justices L/ 0 L' 
IN THE SUPREME COURT OF THE STATE OF MONTANA 

No. 14328 

STATE ex rel., RICHARD K. JENNINGS, 

Relator, 

THE DISTRICT COURT OF THE THIRD 

JUDICIAL DISTRICT, et al., 

Respondents. 

ORDER 

Through inadvertence, the Opinion in the above entitled 

cause was signed by Justice Gene B. Daly instead of the 

Honorable Peter G. Meloy, District Judge, sitting for Justice 

Daly . 

We hereby issue a correction order substituting Judge 

Meloy for Justice Daly. 

DATED this lsd-, day of September, 1978. 

s-,ap4%4 

#Chief Justice 

trict Judge, concu 

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