Lynn Prior v. Wayne Prior (2011)

MEMORANDUM OF DECISION

Following a contested hearing on 10/4/10, 10/6/10 and 10/13/10 and the filing of post-hearing memos of law regarding qualified daycare on 10/26/10 by the plaintiff and on 11/1/10 by the defendant, the court has carefully considered the court file, the testimony of the parties and the Guardian ad Litem, the exhibits admitted into evidence, the Financial Affidavits of the parties submitted at the hearing, the Affidavits of Attorneys Fee filed by plaintiff's counsel and the Guardian ad Litem, the proposed orders of the parties and the Guardian ad Litem and the statutory criteria regarding custody, visitation and access issues regarding the minor child, child support (extracurricular and child care), modification of previous orders, motions for contempt and related issues including the best interest of the minor child in connection with the following pending motions:

Pleading # 230:  Post-Judgment Application for Order to Show Cause, Contempt Citation and Motion to Open and Modify,

Pleading # 234:  Defendant's Post-Judgment Motion for Contempt and

Pleading # 235:  Defendant's Post-Judgment Motion for Modification of Judgment.

And now makes the following findings before entering its orders.

SEE TRANSCRIPT FOR FINDINGS

The following orders may enter.

Orders

Pleading # 230:  Post-Judgment Application for Order to Show Cause, Contempt Citation and Motion to Open and Modify

Granted in part-see Custody and Parenting Orders below.

Denied in part-see Contempt Orders below.

Pleading # 234:  Defendant's Post-Judgment Motion for Contempt

Denied-see Contempt Orders below.

Pleading # 235:  Defendant's post-Judgment Motion for Modification of Judgment Denied-See Custody and Parenting Orders below.

I. Custody and Parenting Orders

1. All prior custody and parenting orders are hereby terminated.   The following orders shall be the current orders of the court.

2. The parties shall share joint legal custody.   In the event the parties cannot agree after reasonable discussion, the mother shall have final decision making authority.

3. Primary residence shall be with the mother.

4. The father shall have parenting time with Nicholas every other weekend from Friday at 5:30 p.m. to Sunday at 7 p.m. Each year the mother shall prepare a schedule of alternating weekends consistent with the father's annual National Guard drill schedule.   Father shall provide the mother with a copy of the annual drill schedule when he receives it (usually September or October of each year) and, within 14 days of her receipt of that schedule, mother will provide a copy of the annual alternating weekend schedule to the father together with holidays as set forth in this order.   Further, father may opt to pick up and drop off Nicholas one reoccurring weeknight per week from 5 p.m. to 8 p.m., taking into consideration and not interfering with their son's extracurricular activities.   Weeknight is defined as a Tuesday, Wednesday or Thursday.

5. The following holiday schedule shall apply.

i. Christmas Eve from noon to 9 p.m. with mother in even years and with father in odd years;  from 9 p.m. until December 26 at noon with mother in odd years and father in even years;

ii.  December 26 at noon until December 29 at 7 p.m. with mother in even years and father in odd years;

iii.  December 29 at 7 p.m. until January 1 at 7 p.m. with mother in odd years and father in even years;

iv.  Easter-from 6 p.m. on Saturday until 7 p.m. on Sunday with the mother in odd years and the father in even years;

v. Memorial Day-from 10 a.m. until 7 p.m. with mother in even years and father in odd years;

vi.  Independence Day-every year with father from 10 a.m. until 10 a.m. the following day;  however, if Independence Day falls on a weekend, then father can have the weekend;

vii.  Labor Day-from 10 a.m. until 7 p.m. in odd years with mother and father in even years;

viii.  Thanksgiving-from Wednesday evening at 5:30 p.m. until Sunday at 7 p.m. with mother in even years and with father in odd years and

ix.  Mother's Day shall be with the mother from Saturday at 7 p.m. to Sunday at 7 p.m. Father's Day shall be with the father from Saturday at 7 p.m. to Sunday at 7 p.m.

6. Halloween will be at the mother's residence from 3 p.m. until 10 p.m. so the parties' son can go out with his school friends.   If Halloween falls on father's parenting time, then mother shall pick up the minor child at father's residence at 3 p.m. If at the conclusion of Halloween, it remains father's parenting time, then the Father shall pick up the minor child after Halloween at mother's residence at 10 p.m.

7. February and April school vacations shall be shared as follows:  Mother shall have the February vacation break in odd years, father in even years.   Father shall have the April vacation break in odd years, mother in even years.   School vacation shall not include weekend time, nor interfere with the regular parenting schedule except for father's reoccurring weeknight visit.

8. During the summer school break, each parent can elect to take two weeks time with their son, to be exercised in non-consecutive 7-day blocks of time.   The parents shall use their weekend as part of the vacation time so as not to interfere with the other parent's weekend time.   Each parent will give the other parent written notice of their intent to exercise summer time vacation by May 1st of each year.   If there is a dispute, the mother has final choice in odd numbered years and the father has final choice in even numbered years.

9. Holiday time takes precedence over regular and vacation parenting time.   If the day following the holiday time is father's regular parenting time, then the parties' son shall stay with the father through his regular parenting time.

10. Mother shall drop off the parties' son at the father's residence to commence his parenting time.   Father shall drop off the parties' son at mother's residence at the end of father's parenting time.   Unless there is extenuating circumstances, the parents will be responsible for transporting Nicholas.

11. The parties' son shall participate in sporting events of his choosing in the Town of Wallingford or with his school.   Absent emergency or unforeseen circumstances, each parent will ensure that their son will get to games, practices and special activities during their parenting time.

12. The party who has parenting time shall take the child to any scheduled activity during his or her parenting time and insure the child is there on time.   Both parties have the right to attend any and all of the child's activities regardless of who is exercising parenting time.   Nicholas is currently participating in baseball and basketball activities and will continue to do so.

13. Both the mother and father will consider and defer to reasonable plans made for or by the child that involve sports, education and similar commitments which might interfere with home residential time.

14. Mother and father shall call their son only one time per day, either between the hours of 8-10 a.m. or 7-9 p.m. The parties' son, however, shall be permitted to contact the other parent at any time.   Neither parent shall restrict the son's access to his cell phone solely related to his communication with the other parent.

15. The parties agree to provide the other with a travel itinerary whenever he or she travels with the minor child out of State overnight.   Said itinerary shall include the location and telephone number where that party can be reached in case of emergency.   Said notification shall be given as soon as the travel plans have been made.

16. The mother shall provide to the father ninety (90) days written notice of any plans to relocate with the minor child outside of Connecticut and then can relocate only upon the written consent of the father or an order of the court.

17. Each parent is responsible for obtaining information from any pediatrician, general practitioner, dentist, therapist or other provider, directly from the provider, unless it is only available to one parent, then that parent shall disclose it to the other parent.

18. Neither party shall make any derogatory comments to the child about the mother or the father or any other family members nor injure the opinion of the child as to his mother or father or which would impair the natural development of the child's love and respect for each of the parents, the extended family, spouse or significant other.

19. The parties shall continue to share the costs equally for such sports, lessons, and/or extracurricular activities and the like to a maximum cap of 250.00 per calendar year per parent as ordered on 2/14/05.  (See pleading # 165.)

20. The parties shall continue to share the fees and costs of the GAL as follows:  60% by the father and 40% by the mother (See pleading # 165.).

21. The parents shall continue to communicate through OurFamilyWizard.com. Each party shall pay 50% of the annual fee for Our Family Wizard.   Any notice required by court order shall be in writing through Our Family Wizard unless otherwise ordered by the court.   In the event of an emergency the parties may communicate by phone or text message.   The GAL shall be given access to Our Family Wizard to monitor the communication between the parties.

22. The parties shall participate in the Peace Program with the final report distributed to the GAL, the parties and counsel of record.   They shall share the cost equally.

23. The father shall provide the mother with a health insurance card upon request by the mother within 14 days of her request.

24. In the event of a dispute not covered by the terms of this parenting plan, the mother has final decision making.

II. Contempt Orders

1.  Neither party is in willful contempt of court orders.

2. Both parties have contributed to the excessive litigation which has resulted in significant litigation costs.

3. The court has found that there is no current or prior order for the payment of qualified daycare costs

4.  Counsel fees and costs are not awarded to either party.

By the Court

James G. Kenefick, Jr.

Judge Trial Referee

Kenefick, James G., J.T.R.