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Matter of Stapleford

931 A.2d 1199 (2007)

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Matter of Stapleford

New Hampshire Supreme Court
931 A.2d 1199 (2007)

  • Written by Liz Nakamura, JD

Facts

Cheryl Stapleford (defendant) and Richard Stapleford had two children, ages 13 and 15 (plaintiffs). During the parents’ divorce proceedings, a guardian ad litem (GAL) was appointed to represent the minor children. In the GAL’s report, he noted the children preferred to live with Richard because he lived in their hometown and the children wanted to be near their ailing grandparents. However, contrary to the children’s wishes, the GAL recommended that awarding Cheryl primary residential custody would be in the children’s best interests. Richard retained an attorney to intervene in the divorce action on the children’s behalf, arguing the court could not give the children’s preferences the necessary substantial weight unless the children were allowed to intervene. Cheryl countered, stating the GAL’s report had already reported the children’s preferences. The trial court denied the motion to intervene, finding the GAL had acted in the children’s best interests and had accurately represented their preferences. The children appealed, arguing that (1) they had a statutory and a due-process right to intervene, (2) the trial court failed to apply the proper intervention test, and (3) they were denied due process at the hearing.

Rule of Law

Issue

Holding and Reasoning (Hicks, J.)

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