Rose M. Crispim v. Jose Crispim (2010)

MEMORANDUM OF DECISION

This matter initially came before the court with a Complaint and Summons filed by the plaintiff seeking a dissolution of marriage and other relief from the defendant.   The court (Prestley, J.) heard the matter on July 28, 2003, when the plaintiff appeared but the defendant was non-appearing.   The court approved the proposed orders of the plaintiff, including the following custody and visitation orders concerning the parties' two daughters, Ashley Marie, born June 14, 1999 and Amanda Lynn, born March 16, 2002.   The parties were awarded joint legal custody of their daughters, primary residence to be with the plaintiff subject to defendant having reasonable rights of visitation.   The only remaining issue for the court's determination is whether the defendant can exercise his visitation in the presence of his girlfriend, Celia Miguel.   The financial issues have been heard and continue to be heard by a Family Support Magistrate.

On July 7, 2009, the court (Dyer, J.) granted the plaintiff's ex parte motion prohibiting either party from allowing the children to be in the presence of the defendant's girlfriend, Celia Miguel.   On October 7, 2009, the court (Dolan, J.) approved the agreement of the parties (# 136.10) and entered the terms as orders of the court.   The agreement addressed the defendant's Motion to Modify (# 134 and # 134.10).   The court ordered a visitation schedule for the defendant and the parties' participation in the Families in Transition Program/Parenting through the Children's Law Center.   The parties agreed, without prejudice, to continue Judge Dyer's order.   On this sole issue, the court heard the parties and their witnesses on February 8, 2010, March 2, 2010 and March 10, 2010.   Also testifying was the guardian-ad-litem, Attorney Robert Romano, duly appointed by the court.   Both parties were represented by counsel.

The court has reviewed the testimony of the parties and witnesses, the transcripts of the hearing, exhibits and proposed orders and makes the following findings.

1. The defendant continues to have a relationship with Celia Miguel.

2. Both daughters have been in therapy and continue in therapy.

3. Both daughters continue to be concerned about being in the presence of Celia Miguel.

4. Both daughters want to continue visitation with the defendant outside the presence of Celia Miguel.   This visitation is supported by the plaintiff.

5. Celia Miguel inappropriately touched the parties' children.

The following orders shall enter:

1.  Both daughters shall continue in therapy until released by their therapists.

2. The prohibition against the daughters being in the presence of Celia Miguel shall continue until further order of the court.

3. The court continues the representation of Attorney Robert Romano as the Guardian ad Litem, his services to be provided on an as-needed basis.

4. If the parties have not completed the Families in Transition Program/Parenting through the Children's Law Center they are ordered to complete the Program forthwith.

SO ORDERED.

BY THE COURT

CARUSO, J.T.R.

Caruso, John R., J.T.R.