Wednesday, June 07, 2006
ALL THAT ENDS WELL DOES NOT END WELL IN CUSTODY CASE
After years of legal proceedings and after spending thousands of dollars in legal fees, Kurtis and Gayle Kendle finally have custody of their son. And even a cursory review of the South Carolina Supreme Court Opinion* deciding the issue makes it clear that the decision was the correct one, both on the law and the facts of the case. Unfortunately, the decision of the Court of Appeals was so flawed that it makes one wonder how the Appellate Court Justices could reach the conclusion they reached, i.e., whether they have law clerks and legal research resources available. More important, this case illustrates the need for development of a system that allows for expedited hearings on cases that involve questions of custody. After all, just because the correct result was obtained in this case does not mean that no harm was done.
*http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26152
After years of legal proceedings and after spending thousands of dollars in legal fees, Kurtis and Gayle Kendle finally have custody of their son. And even a cursory review of the South Carolina Supreme Court Opinion* deciding the issue makes it clear that the decision was the correct one, both on the law and the facts of the case. Unfortunately, the decision of the Court of Appeals was so flawed that it makes one wonder how the Appellate Court Justices could reach the conclusion they reached, i.e., whether they have law clerks and legal research resources available. More important, this case illustrates the need for development of a system that allows for expedited hearings on cases that involve questions of custody. After all, just because the correct result was obtained in this case does not mean that no harm was done.
*http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26152
