MICHAUD V. WAWRUCK
551 A.2d 738 (1988)
NATURE OF THE CASE: This was a dispute over an agreement for visitation after adoption.
FACTS: Michaud, (P) filed a complaint seeking specific enforcement of an open adoption
agreement between herself and Wawruck's (D). D filed a motion to strike and it was granted.
Prior to this ruling P agreed not to withdraw her consent to adoption if Ds would permit
regular visitation between P and the child during the child's minor years. This agreement
was placed on the record in Superior Court. The agreement was not made part of the
subsequent adoption decree. After the adoption was finalized, Ds terminated all visitations
between P and the child. The lower court ruled that adoption was a creature of statute and
that precluded private side agreements and as such, the contract did not confer any
enforceable rights upon P. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment