Kolb v. Kolb

I concur with that aspect of the majority decision which addresses the case on appeal. I dissent to all of the dicta therein contained creating new law in this state which shall, with its sweeping language, open the door wide to relitigation on the merits of child custody as to facts existing prior to the entry of a decree of divorce.

THE CASE

As any reader will note, the decision is principally addressed to changing the deci-sional law of this state. Each party to this appeal briefed three identical issues. This Court, sua sponte, creates new law on an issue not briefed nor argued and which…