Scott v. Rutherfoord

By Judge Edward l. Hogshire

In this civil action concerning custodial rights and child support arrangements, respondent Rutherfoord has moved this Court to incorporate as part of the divorce decree an agreement between the parties. For the reasons set forth below, this Court denies the motion to incorporate the agreement and rules that the agreement is not enforceable as a matter of public policy.1

Statement of Facts and Procedural Posture

Complainant James Scott (“Scott”) and Respondent Jean Hall Rutherfoord (“Rutherfoord”) were married in March 1980 in Charlottesville. In 1981 and 1983, the…