Todd v. Pochop

FOSHEIM, Chief Justice.

This is our first encounter with the issue raised by this appeal. It is whether a custodial parent’s failure or refusal to provide a noncustodial parent with visitation rights may be raised as an equitable defense in a Uniform Reciprocal Enforcement of Support Act (URESA) action. SDCL ch. 25-9A. The trial court held that it was. We reverse.

In view of our holding, we do not deem a full recitation of the facts particularly relevant or necessary. Suffice it to say that the custodial parent engaged in grievous and at times contemptuous interference with appellee’s…