dissenting. There was no final order entered by the trial court in this case and this appeal should be dismissed on jurisdictional grounds. K.S.A. 60-2102(a)(4). The trial court in making its order of July 21, 1976, stated: “However, that is not a final Order.” Later in the order it was said: “So there is no misunderstanding, it is a temporary Order subject to be modified when I hear the Motion to set the child support for the one child, Lori.” In the majority opinion this court notes that within a week of the contempt proceeding, the trial court placed Lori in the father’s custody. However, the parties did not appeal from or furnish this court with the final order entered, and we should not speculate as to its contents.
In addition to the above reason I dissent from ¶ 3 of the syllabus and the corresponding portions of the opinion because what is said will add to the difficulties already present in this area of the law.
After citing the Strecker, Salem, Ediger, Herzmark, Thompson and Blair cases, which have heretofore prevented divorced parents from terminating or reducing child support payments by agreement without prior district court approval, this court ignores said law.
The court adopts a novel rule based on what is characterized as “[t]he leading and sole authority,” the Ditmar case from the State of Washington. That case was decided in 1956, some 23 years ago. Apparently no other states have adopted that rule.
The majority rule is contrary to Ditmar and is contrary to syllabus ¶ 3. The majority rule was followed as recently as 1978 *494in Becker v. Becker, 39 Md. App. 630, 387 A.2d 317, 319-20 (1978); see also Jerry v. Jerry, 235 Ark. 589, 592, 361 S.W.2d 92 (1962); Rhodes v. Gilpin, 264 A.2d 497, 499 (D.C. App. 1970); Lusk v. Lusk, 537 S.W.2d 874, 878 (Mo. App. 1976); Beaird v. Beaird, 380 S.W.2d 730, 732 (Tex. Civ. App. 1964). No satisfactory reason has been given for departing from the majority rule.
I have no disagreement with holding that the parents’ obligation for support automatically terminates when a child dies or reaches majority. The statute, K.S.A. 1978 Supp. 60-1610(a), so provides.
However, a court is the proper institution to determine the custody, support, and education of minor children of divorced parents. If a court order for custody and support should be changed only the court should do so. Divorced parents cannot be trusted to act in the best interests of the children under all circumstances. The obligation for payment of child support should not automatically and proportionately be reduced when by parental agreement one child goes to live with his father and others remain with the mother. It is argued that under such a rule either parent may later go into court for any necessary change order. True, but why not do this in advance?
If the courts are to continue to protect the interests of the children of divorced parents any change of custody and support of minor children must first be addressed to the courts. The statute, K.S.A. 1978 Supp. 60-1610(a), provides that the court shall make provision for the support and education of the minor children, may modify or change any order in connection therewith, and shall always have jurisdiction to make such an order as will advance the welfare of a minor child of divorced parents. Under the present decision of this court the parents by agreement may now by-pass the court, shift the custody of the minor children from one parent to the other, and thereby terminate child support payments previously ordered by a court. This is not wise and I dissent.