Marriage of Maxfield v. Maxfield

I dissent because I believe that the majority opinion is a serious departure from well-settled rules governing the scope of appellate review. Moreover, I believe that it circumvents the clear intent of the legislature expressed by repeated legislative attempts, including very recent amendments to Minn.Stat. § 518.17, to eliminate inflexible and stereotypical presumptions in child custody cases. In so doing, the majority opinion ignores the proper roles of the legislature and the courts in these matters.

We have frequently been critical of the court of appeals for substituting its own findings…