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686 So. 2d 327

Bamburg v. Morse

Court of Civil Appeals of Alabama

Decided November 22, 1996

Court of Civil Appeals of Alabama · decided 1996-11-22

Cited by 2 later decisions — most recently October 2004

2 state decisions

Relies on 410 So. 2d 416 - Ex Parte Berryhill

Good law ✅— No negative treatment on recordhow we know

Decided 1996-11-22

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CRAWLEY, Judge.

¶1The final judgment of divorce in April 1992 included the parties’ stipulation that they would have joint custody of their two minor children, with primary custody alternating *328every six months. In October 1994, the father petitioned for a finding of contempt against the mother and for a modification of the judgment, alleging that the mother had interfered with the father’s visitation; he also requested that custody be awarded to him. The mother filed a eountercomplaint for a finding of contempt and for a modification and requested that custody be awarded to her.

¶2At the hearing both parents presented testimony and other evidence. The trial court announced that it would conduct an in camera examination of the minor children. The father objected, but the court conducted an in camera examination. The trial court granted custody to the mother, with visitation rights to the father. The father appealed.

¶3In the absence of a waiver or consent, a private interview by the trial court with minors in chambers cannot be condoned. Ex parte Berryhill, 410 So.2d 416 (Ala.1982). Therefore, the judgment of the trial court is reversed and the cause is remanded for proceedings consistent with this opinion.

¶4REVERSED AND REMANDED WITH INSTRUCTIONS.

YATES and MONROE, JJ., concur.ROBERTSON, P.J., dissents.
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