In Re Custody of James B

This appeal involves the award of custody of a four-year-old child to the defendant husband in a divorce action. Resolution of the appeal depends on the "best interests of the child” as defined by MCLA 722.23; MSA 25.312(3). Subsection (i) of MCLA 722.23 provides "the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference”. The trial judge declined to interview the child because he deemed the child not of sufficient age to express a preference.

This conclusionary statement by the trial judge leaves this Court with nothing to review. The…