Lowther v. Hooker

OPINION

HOWARD, Judge.

The subject of this special action is an order of the respondent court vacating a previously-entered superior court order modifying the child custody and support provisions of a divorce decree. Since matters concerning children are entitled to precedence and the remedy by appeal would thus be inadequate, we assume jurisdiction and grant relief.

The modification order was entered by a court commissioner pursuant to a stipulation executed by petitioner, the husband, and his former wife who had been awarded custody of the parties’ minor child under the dissolution decree. The…