Marcel D. Duzant v. Samantha Whitcher (2010)

ORDER OF STAY OF PROCEEDINGS

In this action, plaintiff is seeking custody of the parties' minor child.

As part of his application, he disclosed that the child is the subject of a petition filed by the Department of Children and Families in the Juvenile Court in Waterford alleging neglect of the child.   This court has ascertained that an order of custody has entered in that action, and the case remains active.

By agreement of the parties, this court on June 15 entered a joint custody order and appointed in this court the guardian ad litem in the juvenile court to report on the best interests of this child.   That guardian, for reasons not disclosed to the court, has declined to accept the appointment here.

Under all the circumstances, and to avoid duplicative expense and the potential for conflicting orders in these two tribunals, this court hereby stays the proceedings in this court until conclusion of the juvenile court proceedings.   The orders entered on June 15 are hereby vacated.   The court will review this stay at a status conference to be held on November 4, 2010, at 2:00 p.m., or earlier upon motion of either party accompanied by an affidavit reporting that the juvenile court case is no longer active.

Boland, J.

Boland, John D., J.