State of Connecticut v. Michael Nowacki (2011)

MEMORANDUM OF DECISION RE DEFENDANT'S EMERGENCY MOTION FOR MODIFICATION FROM PROTECTIVE ORDER (dated March 9, 2010)

On Friday March 4, 2011, the court (Calmar, J.), presiding in the Child Protection Court of Middletown, vacated interim ex parte orders previously issued in the defendant's family case in Stamford.   These interim ex parte orders had required, among other things, that any visitation by the defendant with his children be supervised.   In the absence of these interim ex parte orders, all issues of custody and parenting time revert to and are controlled by the parties' STIPULATION RE CUSTODY AND PARENTING TIME dated January 2005.

A hearing was held on the defendant's motion on March 9, 2011 at which the court heard lengthy arguments from the defendant/father Mr. Nowacki, as well as from counsel for the complainant/mother, and from the prosecutor in the Norwalk criminal proceedings.   Accordingly this court issues the following orders:

The protective order shall be modified to permit the defendant, Mr. Nowacki to exercise the definitive 2005 parenting plan provisions as set forth in Sections 2a-e.

Specifically:

1. The children will be with Mr. Nowacki on alternate weeks from Sunday at 5:00 pm until the following Sunday at 5:00 pm, commencing with Sunday March 13, 2011 through Sunday March 20, 2011.  [If there is a Monday holiday, the pick up time is Monday at 5:00 pm.]

2. During the alternating weeks when the children are with their mother, Mr. Nowacki shall have parenting time approximately 6:30 pm to 8:30 pm, on Tuesdays with Kerry [commencing March 22, 2011], and on Wednesdays with Tim [commencing March 23, 2011].   During the summer recess, at the children's option, these mid-week outings may extend to an overnight with a return by 8:00am the following day.

3. With respect to Suzanne Sullivan and Katelyn Waters, the defendant is not to assault, threaten, abuse, harass, follow, interfere with or stalk either of them.

4. The defendant is not to enter the residence[s] of either Suzanne Sullivan and/or Katelyn Waters.

5. The defendant is not to contact Suzanne Sullivan or Katelyn Waters in any manner, including written, electronic or telephone contact, including no contact with the home, workplace or others with whom the contact would be likely to cause annoyance or alarm to either Suzanne Sullivan or Katelyn Waters.   In future proceedings in the family court, Mr. Nowacki and Ms. Sullivan, as the parents of the Nowacki children, should determine appropriate and agreeable methods of communication to deal with any modifications of the provisions of the custody and parenting time stipulation, and any other issues related to their minor children.

6. The defendant is to stay at least 25 feet away from Suzanne Sullivan or Katelyn Waters.

7. These orders contemplate that the defendant may attend public sporting and other events accompanied by his children during his parenting time, and attend public sporting or other events on behalf of his children at any time.

8. The defendant is not to possess any pistols or other firearms.

9. These orders are effective 5:00 pm Thursday March 10, 2011, to allow sufficient time to enter the appropriate documentation into the protective order registry.

Dennis, J.

Dennis, Maureen D., J.