McMahon v. McMahon

This is an appeal from the allowance of a petition for modification brought by the father of two young children granting him a change of visitation rights from those allowed him in a decree of divorce nisi obtained by his wife who was also given custody of the children. The probate judge appointed an investigator (G. L. c. 215, § 56A) whose report is before us along with a transcript of the evidence and the judge’s “Report of The Material Facts.”

The latter contains recitals of evidence but no findings of fact. Since recitals of evidence are not properly part of a report of material facts,…