Bouchard v. Bouchard

We are not satisfied that the portion of the judgment of divorce nisi awarding custody of the parties’ minor child to the wife can be sustained without further findings. In awarding custody to the wife the judge seems not to have applied the appropriate criteria. See G. L. c. 208, § 31. See also Smith v. Smith, 361 Mass. 855 (1972).

In a proceeding involving custody of a child, “as matter of law and as matter of humanity” “[t]he governing principle by which the court must be guided in deciding the issues raised is the welfare of the child” (emphasis supplied). Hersey v. Hersey, 271 Mass. 545,…