Morrisey v. Morrisey
Annotate this CaseFather filed a motion to modify a child custody and visitation agreement in the Family Court in order to travel with his three children to certain countries. The trial judge denied father's motion, holding that contract principles governed the agreement and barred the trial court from modifying unambiguous contract language. On appeal, the father claimed that the trial judge erroneously applied contract principles to a custody and visitation agreement instead of applying the best interest of the child test as required under 13 Del. C. 722. Since the modification requested here should have been reviewed under the best interest of the child test, the court reversed and remanded.
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