Penny (Leask) Thorne v. Richard S. Leask

Summary

The Maine Supreme Judicial Court held that a court may not add a substantive provision to a stipulated divorce judgment without notifying the parties and providing a meaningful opportunity to be heard. The court vacated the judgment requiring the parties to attend a high-conflict co-parenting education course and remanded the matter to the District Court.

Holdings

1. Before adding a substantive provision to a stipulated divorce judgment to which the parties have not agreed, the court must notify the parties of its intention to add the term and afford them a meaningful opportunity to be heard.

Questions Presented

1. Whether a divorce court or Case Management Officer may add a substantive provision requiring participation in a co-parenting education course to a stipulated divorce judgment without first notifying the parties and providing a meaningful opportunity to be heard.

Disposition

reversed_and_remanded