Auger v. Auger

Defendant-husband brought this appeal from a final order of divorce. At trial the principal issue involved the custody of the minor child of the parties. The issue on appeal is whether the conduct of the final hearing deprived the defendant of a fair trial. We conclude that it did and reverse.

Prior to taking evidence, the trial court advised counsel that it wished to depart from the customary order of proof. As a result, the first witness was plaintiff followed by the child’s day care teacher (who testified favorably for the defendant) and defendant.

By the noon recess, the first two witnesses…