Chappell v. Chappell

Citations

• 45 Wash. 652
• 89 P. 166
• 1907 Wash. LEXIS 533

Syllabus

<p>Evidence — Parol—Contradicting Record — Divorce—Custody of Child. Upon application for modification of a decree of divorce awarding the custody of a child to plaintiff, evidence of the 'defendant’s understanding that a stipulation made at the time provided for a different disposition is inadmissible, where the record in the divorce case shows that the findings were made “from the evidence adduced” and not from .a stipulation, as it would contradict the record.</p> <p>Divorce — Custody of Child — Modification of Decree. An order of the trial court refusing to change the custody of a child awarded to plaintiff by a decree of divorce, but modifying the same to permit visits, will not be disturbed on appeal where it does not clearly appear that the best interests of the child were not served by such modification.</p>