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Woodruff v. Woodruff

Trial court abused its discretion in ruling that father could have no contact with his children based on inadmissible hearsay accusations in his divorce action that he molested them.

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In the divorce action brought by Elizabeth Woodruff against Kenneth Woodruff, the parties reached a settlement as to all matters except with respect to the custody of their two minor children. That issue was submitted to the trial court. The focus of the bench trial was the alleged molestation of the children by Mr. Woodruff and his father, the paternal grandfather. The children did not testify, but incriminating statements attributed to them were offered by Ms. Woodruff and one other witness. Mr. Woodruff denied any wrongdoing. Although there was evidence that there was an extensive criminal investigation, no criminal charges were ever brought against Mr. Woodruff or his father. The trial court entered an order holding that,

because of the evidence presented at the custody hearing, the Court finds that it would not be in the best interest of the children for the husband, Mr. Woodruff, to exercise any visitation with the children or to have any contact with them whatsoever, via telephone, personal or otherwise.

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