McLay v. McLay

Two small children, aged 6 and 3 years, are the subject of this appeal. Their parents, having divorced each other, now dispute over which shall have custody of the children.

The nature of the order appealed from plays a great part in our decision and illustrates the limitations upon the character of appellate review of custody disputes over minor children.

The order entered on November 12, 1957, by the Oakland county circuit judge, who had previously granted the divorce, modified the custody provisions of the preceding decree as follows:

“It is further, ordered and adjudged, that for a full…