Stephen Van Schaik v. Judith Van Schaik

Child custody and visitation: best interest attorney: legal fees

CSA No. 1924, September Term, 2010. Reported. Opinion by Woodward, J. Filed July 11, 2011. RecordFax #11-0711-04 (18 pages). Appeal from Caroline County, Campen Jr., J. Affirmed in part; vacated in part and remanded.

Lawyers: Appellant: Susan Stauffer; Appellee: Maureen Keogh.

Because the trial court erred in delegating judicial authority to the best interest attorney, the portion of the court’s order designating her as the “tie-breaker” has been vacated. However, because appellant unjustifiably interfered with appellee’s visitation rights, the circuit court did not abuse its discretion in awarding attorney’s fees against appellant under F.L. § 9-105.

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