Mabbatt v. Mabbatt

This is an appeal from an order modifying the child custody provision of a divorce decree and awarding attorney fees to the plaintiff.

Plaintiff and defendant were divorced in 1961. A property settlement agreement which was negotiated by the parties and incorporated into the decree provided in relevant part that the defendant, Richard Mabbatt, shall have custody of the children: Kenneth David, then eight years old, born of defendant and his first wife (who was deceased) and adopted by plaintiff; William Churchill and Thomas Roy, then five and three years of age, respectively, both natural…