CAMPBELL v. CAMPBELL


604 A.2d 33 (1992)

Robert A. CAMPBELL v. Leatrice I. CAMPBELL.

Supreme Judicial Court of Maine.

Decided February 26, 1992.


Attorney(s) appearing for the Case

Ronald P. Lebel, Rocheleau, Fournier & Lebel, P.A., Lewiston, for plaintiff.

Toby H. Hollander, Robert A. Laskoff, P.A., Lewiston, for defendant.

Christopher Leighton, Asst. Atty. Gen., Augusta, for amicus curiae.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, and COLLINS, JJ.


McKUSICK, Chief Justice.

In this divorce case we address for the first time the questions whether and to what extent the trial court in awarding parental rights and responsibilities may consider one parent's unsuccessful prosecution of a protection from abuse complaint against the other. We hold that the parent's action is relevant to the divorce court's consideration only if the court finds by clear and convincing evidence both 1) that the parent willfully misused...

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