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Vollet v. Vollet

Missouri Court of Appeals
202 S.W.3d 72 (2006)


Facts

Cindy Vollet (plaintiff) and Kevin Vollet (defendant) were married and had three children. Cindy filed a petition for divorce, and she and Kevin were able to reach amicable resolutions regarding the partition of their assets and liabilities. Cindy and Kevin also agreed to a week-on/week-off joint-custody arrangement. Cindy and Kevin presented the custody agreement to the trial court for approval and included a non-cohabitation/overnight-guest-restriction provision, which Cindy and Kevin had both signed. Upon reviewing the provision, the trial judge rejected it. The trial judge reasoned that Cindy and Kevin should not have that type of control over one another’s lives following the divorce. The trial judge stated that he would not include a non-cohabitation/overnight-guest-restriction provision in this or any other judgment. Kevin appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Lowenstein, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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