Smith v. Smith

PAIR, Associate Judge:

Challenged by this appeal is an order of the court below, entered sua sponte during a child custody proceeding, declaring a mistrial for failure to join as parties the natural parents of the child involved.

The action was commenced November 18, 1969, as a habeas corpus proceeding to require obedience to an order of the Circuit Court for Prince Georges County, Maryland, entered October 2, 1969, which awarded custody of a minor child, Sylvia Smith, age 8, to appellants.1

By an order entered January 30, 1970, without objection by any party, the court below directed that the…