Brian T. Downing v. Charlotte M. Perry

Although I join the majority opinion in other respects, I would reverse the trial court’s decisions to divest Mr. Downing of his tie-breaking authority with respect to custody disagreements and to give such authority to a Family Treatment Coordinator. A trial court may modify a voluntarily negotiated child custody agreement “only if it finds (1) that there has been a change in circumstances which was not foreseen at the time the agreement was entered, and (2) that the change is both substantial and material to the welfare and best interest of the children.”1 In my view the evidence of record…