Fewel v. Fewel

In Fewel v. Fewel (1943) 23 Cal. 2d 431, the trial court refused to hear evidence concerning a child custody order, but based its ruling solely on the recommendation of a court investigator. The California Supreme Court found that "Such procedure cannot be sustained. By it the plaintiff was denied the fair trial in open court to which she was entitled; she was deprived of the right to produce and have consideration given to material evidence; she was precluded from cross-examination of adverse witnesses; and the order rests upon no evidentiary foundation whatsoever. Such errors require a reversal of the order." ( Id. at p. 433.)