In Re the Marriage of O'Donnell-Lamont

In their petition for reconsideration, grandparents have asked us to remand this case because “the record necessary to support grandparents’ case has been compromised by a post-trial, pre-appeal sea change in the law.” I agree with the dissent that, when the parties did not have a fair opportunity to develop the record because the governing legal standards have changed, considerations of fundamental fairness, if not due process, require that we remand the case to give the parties that opportunity. A party, however, who seeks a remand to offer new evidence must do more than say that the…