Yap v. Vinton
Annotate this CaseBenjamin Yap filed a complaint for protection from abuse against Alyssa Vinton on behalf of himself and the parties’ child. A temporary protection was granted awarding Yap temporary sole parental rights and responsibilities. Yap subsequently filed a complaint for a determination of parental rights and responsibilities. The court issued a protection from abuse order that shared parental rights and responsibilities and awarded Yap primary residence of the child. After a hearing for a determination of parental rights and responsibilities, Vinton submitted a proposed order for the court’s consideration. The court adopted, in its entirety and with one change, Vinton’s proposed parental rights order and findings of fact and conclusions of law. Yap appealed, contending that the judge erred by adopting the language of Vinton’s proposed order verbatim and by not exercising independent judgment. The Supreme Court agreed and vacated the judgment, holding that the trial court’s findings were not the result of careful judicial deliberation and the exercise of independent judgment.
Court Description: Corrected September 1, 2016 (Errata sheet)
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