Matter of Marriage of Goddard

This case was originally heard in a three-judge department of this court, like every case we hear. A majority opinion was approved by the department, one judge dissenting and one judge concurring but expressing a particular reservation. In accordance with the internal operating practices of this court, the case was referred to a full conference of the court and then was taken in banc for review. The majority now affirms the trial court. Believing that there underlies that result a substantial change in the law relating to custody of children, I dissent so that the change may be disclosed…