Barbour v. Barbour

Defendant, James Barbour, appeals an order of the trial court claiming that the court abused its discretion in refusing to incorporate the terms of the parties’ stipulation into the final divorce decree. We affirm in part, reverse in part and remand the case for further proceedings.

The parties to the divorce, Kay and James Barbour, entered into a stipulation which they asked the court to incorporate into the final order. The stipulation provided that the Barbours would have joint custody of their two children, then aged 14 and 13. The *508children were to spend alternate weeks living with each…