Grass v. Yazzie

OPINION

This case concerns the trial court’s use and disclosure of in camera testimony of minor children in the modification of a child custody provision of a prior decree despite the court’s conclusion of no or limited evidence of a substantial change in circumstances. The Court remands the case.

I

On April 18, 2006 the Appellee (Mother) petitioned the family court to vacate a decree establishing paternity of her children, entered six years earlier, challenging the decree with the assertion that she had not been served with the complaint and summons in that cause of action. On December 8, 2006…