Christina Marks v. Anthony Marks (2011)

RULING ON MOTION # 187–DEFENDANT'S MOTION FOR CONTEMPT

The defendant, Anthony Marks, has filed a Motion for Contempt dated June 9, 2011 in which he alleges that on March 9, 2010, a Judgment of Dissolution of Marriage entered in this matter.   That judgment provided, in pertinent part, that “Defendant father shall care for Tyler Tuesdays and Thursdays, from 4 pm until 8 pm, and on Saturdays from 10 am until 10 am Sunday mornings, and/or other times by mutual agreement between the parties.”

The defendant has further alleged that the plaintiff mother has refused all visitation to the defendant father for the weekend of May 27, 2011 through and including the weekend of June 9, 2011 and has denied the father all telephone access to the minor child since May 27, 2011.

After a hearing which occurred on September 26, 2011, attended by the plaintiff and her husband, Bill Martin, the defendant and his attorney and Chris Oakley, the guardian ad litem, the court finds that the plaintiff did unilaterally deny the defendant visitation with the minor child, Tyler, as of May 27, 2011 and that Tyler has not seen the defendant since that time.   Further in violation of the terms and conditions of the judgment of dissolution, the plaintiff moved more than 10 miles from the defendant without giving the defendant 60 days written notice and now lives 45 minutes away from the defendant.

Attorney Oakley has submitted a report in which he has recommended that the father's visitation should be resumed on an unsupervised basis.   After discussion with the parties and the guardian ad litem on the record the court enters the following orders:

1. The plaintiff shall allow the defendant to speak to Tyler on the telephone on 9/27/11 at 7:15pm and 9/29/11 at 7:15 pm.   These conversations will not be on speaker phone.   Thereafter phone calls between the defendant-father and Tyler may resume on a daily basis.

2. The parties shall explain to Tyler that questions about the gap in visitation shall be answered by the therapist, Steve Haley, MSW LCSW. On or before October 3, 2011, Mr. Marks will contact Mr. Haley to arrange his future participation in Tyler's therapy.

3. The parties shall refrain from making negative comments about each other in Tyler's presence.

4. Visitation shall occur as follows:

a.  October 1, 2011 father will pick Tyler up at mother's residence at 9am and mother will pick Tyler up at father's residence at 7pm.

b. October 8, 2011 father will pick Tyler up at mother's residence at 9am and mother will pick Tyler up at father's residence at 7pm.

c. October 15, 2011 father will pick Tyler up at mother's residence at 9am and mother will pick Tyler up at father's residence at 7pm.

d. October 16, 2011, father will pick Tyler up at mother's church in Glastonbury, Connecticut at 11:30 am and mother will pick Tyler up at father's residence at 7pm.

e. October 20, 2011 father will pick Tyler up at 4:30 at mother's residence and drop Tyler off at 7:30 at the mother's church in Glastonbury.

f. On October 28, 2011 the father will pick Tyler up at 4pm at the mother's residence and drop Tyler off at the mother's church in Glastonbury on October 30, 2011.

g. Thereafter visitation shall continue on the same schedule as outlined in e. and f. above.   The mother shall have Tyler every other weekend and the father's weekend visits shall commence on Friday.   The father shall see Tyler on the Thursday before each weekend on which he will not have visitation.

If the plaintiff complies with the foregoing visitation schedule, the court will not make a contempt determination as requested by the defendant's motion.   If the plaintiff does not comply with the foregoing schedule, she may be in contempt of the present order and the court will make a contempt determination as requested in the defendant's motion.

5. The defendant shall sign up for parenting education classes within 7 days and will complete those classes.

6. The parties shall comply with the provisions of the dissolution decree, including the following language:

Neither parent shall consume alcohol or illegal substances or abuse prescription drugs immediately before or while he or she is caring for the child, nor will either parent allow the child to be around third parties who are doing so.   The care taking parent shall assure that the child is in a safe environment when under his or her care.   Both of them shall monitor his activities to insure that they are age appropriate and safe for the child.

Neither party shall take any action that varies this order except with permission of the court.

Aurigemma, J.

Aurigemma, Julia L., J.