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Arnold v. Arnold

The trial court abused its discretion by placing an unauthorized restriction on the wife's exercise of her rights as a custodial parent when it prohibited her children from having any conduct with a certain named friend of the wife, even though there was no evidence of harm to the children or inappropriate conduct

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Julian Arnold Husband filed for divorce from Kimberly Arnold Wife and sought custody of their minor children. A bench trial was held. In the final decree, the trial court awarded primary physical custody to Wife, but also prohibited the children from any contact with a certain named friend of Wife and imposed on her the responsibility of being sure that there was no such exposure. In the motion for new trial, Wife urged the trial court to delete this provision from the decree. The trial court denied the motion, and Wife applied for a discretionary appeal. We granted the application to determine whether imposition of the restriction complies with the standard established by Brandenburg v. Brandenburg, 274 Ga. 183, 184 1 551 SE2d 721 2001.

 
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