Annalyn Bauer v. Mark Bauer (2010)

INTERIM ORDERS

A review of the record reveals that the parties were divorced pursuant to a marital separation agreement dated July 12, 2006 which incorporated a parenting plan dated April 6, 2006.   The parties are the parents of one child, Matthew Bauer born November 5, 2002 and there is a second child, Lauren Bauer, 15 1/2, who is the mother's biological daughter and the father's stepdaughter.

The parenting plan called for joint legal custody of the minor child, Matthew, with approximately equal parenting time.   In the ensuing four years there have been numerous motions for contempt, modification, discovery battles and the entrance and the withdrawal of numerous attorneys.   On August 18, 2010, a Guardian was appointed for the children and at that time the defendant husband filed an ex-parte request for custody claiming that the mother had been mistreating Matthew and that they no longer wanted to spend time with her.   On August 30, 2010, it was ordered that Lauren would visit her mother at her option and that Matthew would visit his mother under supervision only briefly.   The mother and the children were ordered into therapy.

The parties returned to court on December 3, 2010 to address various issues including which of the two children's therapists should continue and what access should be permitted going forward.   The parties were able to broker an agreement, in open court, whereby mother would have an unsupervised visitation with Matthew on Christmas Day from 8:30 a.m. to 2 p.m. in the company of his half-brothers.

Due to the time constraints, the court only heard testimony from Ms. Susan Cohen, LCSW, a therapist selected by the father and Mr. John Anger, LCSW, a therapist engaged by the Guardian ad litem.   One of the principal issues was whether or not the children should continue with two separate therapists.

Ms. Cohen presented as an angry and personally involved advocate for the children.   She was neither optimistic nor supportive that reunification between the children and the mother was likely or even beneficial.   She was critical of the mother and combative with the attorneys.   In his report, Mr. Anger stated that “in my discussions with Lauren's therapist, Susan Cohen, it has been made clear that Ms. Cohen has not supported the reconciliation process between Lauren and her mother, at this point.”  (Exhibit 2.)

Mr. Anger presented as a balanced, caring and neutral mental health professional.   He seems to be working well with Matthew although confesses that Lauren, at this juncture, refuses to meet with or communicate with her mother.   He supports unsupervised visitation between Matthew and his mother which should graduate to overnights with the goal of eventually restoring full and equal custody and visitation between the two parents.

The court has not yet heard from the Guardian, the parents and any collateral witnesses who may be called.   Nonetheless, the Guardian briefly opined that an unsupervised visit with Matthew and mother on Christmas was recommended.

Wherefore, the following interim orders are established:

1.  The children shall continue therapy with John Anger only but Lauren may opt out at her option.

2. The mother shall enjoy unsupervised Christmas access with Matthew from 8:30 a.m. to 2 p.m. in the presence of Cody and Nathan, her other children.

3. Following the Christmas visits, the mother shall have unsupervised access each Tuesday and Thursday from after school until 6:30 p.m., and Saturday from 10:00 a.m. to 6:30 p.m. Lauren may attend at her option.

4. Each child shall be permitted and encouraged to initiate telephone calls, texts, e-mail or Facebook exchange with the mother but the mother shall initiate no such contact.

5. All other orders not inconsistent with these orders shall remain in full force and effect.

Shluger, J.

Shluger, Kenneth L., J.