Campbell v. Campbell

McKUSICK, Chief Justice.

In this divorce case we address for the first time the questions whether and to what extent the trial court in awarding parental rights and responsibilities may consider one parent’s unsuccessful prosecution of a protection from abuse complaint against the other. We hold that the parent’s action is relevant to the divorce court’s consideration only if the court finds by clear and convincing evidence both 1) that the parent willfully misused the protection process in order to gain a tactical advantage in the divorce proceeding, and 2) that in the particular…