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Main Forums => Dear Socrateaser => Topic started by: win5Low on Jan 29, 2004, 12:24:43 PM

Title: Support reasearch to use in trial
Post by: win5Low on Jan 29, 2004, 12:24:43 PM
A State Appeals Court has reversed in part and remanded the Curcuit Court Judge's decision, meaning another trial. They ruled that the Circuit Court Judge's custody decision was a palpable abuse of discretion. The Appeals Court claimed that "the Judge's factual finding that no established custodial environment existed, is against the great weight of the evidence".
The three judge panel agreed that the trial court commited a clear legal error when it relied on information that was not part of the record. This refers to the Judge, in his post-trial written opinion, citing local public health publications that recommend a stable environment for young children and that this cannot be attained by joint custody and the frequent changes involved with such a situation.
The three judge panel stated that it prevented the defendant (me) from rebutting or otherwise challenging the studies and the courts belief that they were accurate. My question is:
1.) Do you know of any reputable studies that would refute or run contrary to the local public health department's stance that the Judge relied upon, but was not part of the record?

I hope this makes sense.