Patricia Avery-Fornabi v. Phillip Fornabi (2011)

MEMORANDUM OF DECISION

On December 23, 2010, the plaintiff filed a motion for sole custody.   With the plaintiff's guardian ad litem and attorney for the defendant present, the court dismissed this motion for the many reasons stated in open court.

The reasons for the dismissal are as follows:

(1) As described in a report from Dr. David Mantell, which report is in the court file, the plaintiff has serious mental health issues.

(2) The complaints in the plaintiff's motion were investigated by DCF and found to be false;

(3) On February 23, 2011, the plaintiff was incarcerated for violating a protective order in place for the defendant and the children.

(4) Prior orders of the court gave the plaintiff the opportunity to see her children, but only in a supervised setting and only if the children so wished.   This is not the first time the plaintiff has been incarcerated.

(5) The plaintiff has complained in the past that her ex-husband is the antichrist and complains currently that the children are being involved by the father with devil worship.

The court further entered that any future motions filed by the plaintiff are to be approved by the undersigned or by the presiding judge of family before being placed on the docket, and that the plaintiff must notify her guardian ad litem of her intention to file and the nature of the proposed motion.

The report from DCF is to be sealed and placed in the file, along with Dr. Mantell's report.

SO ORDERED.

BY THE COURT

Barall, J.T.R

Barall, Herbert, J.T.R.