Domestic Relations : Child Custody – Settlement Agreement – GAL

(1)Where a mother in a child custody dispute challenged the trial court’s admission of testimony from the child’s therapist, the parties’ settlement agreement provision prohibiting the therapist’s appearance as a witness was unenforceable because the provision was against the public policy in favor of admitting evidence relevant to the best interest of the child.

(2)Where a mother in a child custody dispute challenged the trial court’s failure to appoint a guardian ad litem, the trial court did not abuse its discretion because the record did not contain allegations of actual abuse or claims that the child’s interests were not protected at trial.

Judgment is affirmed.

Hazelbaker v. Hazelbaker (MLW No. 67123/Case No. ED101048 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Charles County, House, J. (Daniel Schramm and Dara M. Strickland for appellant) (Richard A. Gartner and Jason R. Caudill for respondent).

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