Bahn v. Small

by
The Supreme Judicial Court vacated the judgment of the district court modifying the terms of Appellant's divorce from Appellee as to parental rights and responsibilities for the parties' two children, holding that the district court erred in determining that the parties agreed to the terms of the modified divorce judgment. After the parties divorced, they both moved to modify the judgment as to parental rights and responsibilities. The parties and the guardian ad litem then engaged in a judicial settlement conference, after which the court stated that an agreement was reached. The court then entered a judgment purporting to memorialize that agreement without creating any record that would show the terms of any such agreement and the parties' confirmation of it. Appellant moved for relief from the judgment, arguing that the judgment did not accurately reflect the parties' agreement. The court denied the motion. The Supreme Judicial Court vacated the judgment below, holding that, in the absence of a factual record from which to determine whether the modified divorce judgment accurately reflects the parties' agreement, the court's findings that the parties reached a full agreement were clearly erroneous. View "Bahn v. Small" on Justia Law