Rita Hassan v. Esslam A. Hassan (2013)

MEMORANDUM OF DECISION

The parties intermarried at Bridgeport on May 19, 2006.   The plaintiff's birth name was Rita Toro. There is one child issue of the marriage, Ali Hassan, born July 17, 2008.   The marriage has broken down irretrievably and is dissolved.   The court has the requisite jurisdiction.

The court has heard the claims relating to the cause of the breakdown of the marriage.   Neither party's conduct is egregious.   Neither party is responsible for the breakdown of the marriage.

The court has considered the statutory criteria set forth in §§ 46b–81 and 46b–82 in entering its orders.

1. The marriage has broken down irretrievably and is dissolved.

2. The parties have executed a detailed and well thought out Parenting Plan that is marked “Ex A” and is attached hereto.   A partial property and separation agreement has been marked “Ex B” and is attached hereto.   The court shall address the parties' remaining issues in 3a & b.

3a. Each party shall pay to the other the sum of $1.00 per year as alimony for a period of three years.   The alimony order shall terminate three years from the date of judgment.

3b. Neither party shall be required to maintain a life insurance policy on the life of the other.

3c. The wife shall claim the minor child as a deduction on her U.S. Income Tax Returns until further order of the court.

Orders

The order entered on April 27, 2012 requiring Attorney Riccio to retain custody of defendant's Egyptian passport is vacated.   This passport was subsequently held by Attorney Neary but was returned to the defendant while he traveled alone.

The passport no longer shall be required to be held in escrow and both orders are no longer in effect.

OWENS, J.T.R.

“EX A”

FINAL PARENTING PLANWITNESSETH

The parties have one (1) minor child issue of their marriage, to wit:

Ali Hassan, born July 27, 2008.

ARTICLE I: CUSTODY

1.1 The parties shall share joint legal custody of the minor child.   The parties shall each have parenting time with the child as set forth in Article II, herein.   The Mother shall have primary residence of the child.

1.2 The Father and Mother agree that they will confer with each other with reference to all matters of policy involving the child, as to topics such as health and medical care, religion, education, camps and activities, and the parties agree that they will attempt to adopt a harmonious policy best suited to the interests of the minor child.   Routine “day to day” decisions shall be made by each parent during the times when the minor child is with him or her.

1.3 All major decisions affecting the child shall be made by the parties jointly, with each parent to have an equal voice in such decisions.   In addition, the parties shall confer jointly from time to time whenever differences arise or decisions are to be made or changes brought about affecting the child's life with respect to such non-routine matters as their education, financial matters, religious training, illness and operations, and other matters of similar importance.   Each party shall have an equal voice in making a decision on such matters.   In the event that the parties cannot reach an agreement on an issue, either party shall apply to the Court for a resolution.

1.4 Each of the parties shall furnish to the other copies of any reports from third persons concerning the health, education, extracurricular activities or welfare of their minor children, only if the other party cannot access the information on their own.

1.5 The parties shall exert reasonable effort to maintain free access and unhampered contact between the child and each of the parties and to foster a feeling of affection between the child and the parties.   Neither party shall make any comment that tends to denigrate the other parent to or in the presence or hearing of the child.   Neither party shall do anything that may estrange the child from the other party nor injure the opinions of the child as to the other parent, nor act in such a way as to hamper the free and natural development of the child's love and respect for the other parent.

1.6 Each of the parties agrees to keep the other reasonably informed as to the whereabouts of the child if out of the home State, including their address and telephone number, while they are with the Father or the Mother.   Each party will, similarly, notify the other in writing, of the location where the child will be staying including the address and telephone number in the event they are spending the night away from the residence of either parent.

1.7 If either party has knowledge of any illness or accident or other circumstance seriously affecting the health or welfare of the child, that party will promptly notify the other immediately.   Each party will, similarly, notify in advance the other of any other change in the child's medical status, including visits to any doctor or dentist or the need for prescription medications.   The custodial parent has the obligation to inform the other parent of any health-related issues that occur when they are with the child, at the time of the return of the child, even if the issues are minor and did not require medical attention (which would include a fever, stomach bug, headache, or other minor injuries).

1.8 In the event of illness or personal injury to the child, the first party to learn of such illness or injury shall notify the other immediately and each party shall keep the other informed at all times of the whereabouts of the child, and both parents have the right to be with the child in the event of any serious illness.   For the purposes of this paragraph, the word “illness” shall mean any sickness or ailment that requires the services of a physician.   The word “injury” shall mean any injury that requires the services of a physician.

ARTICLE II:  PARENTING SCHEDULE

2.1 The following parenting plan shall be implemented:

The Father shall have visitation with the child every Tuesday and Thursday from after school when he shall pick up the child from school when school ends, or daycare, until 7:30 p.m. at which time he will drop the child at the Stratford police station.   The Defendant shall not pick up or drop off the child at the Plaintiff's home and shall not be on the Plaintiff's property at any time.   The mother shall not pick up or drop off the child at the father's home and shall not be on the father's property at any time.   During non-school periods (summer) the visitation shall be on Tuesdays and Thursdays from 8:00 a.m. until 8:00 p.m.

The Father shall also have the child every other weekend from after school or daycare on Friday when he shall pick the child up at day care or school, until Sunday at 8:00 p.m. The Father shall be responsible for dropping off the child at the Stratford Police station.   At all other times the child shall be with the Mother.

2.2 All holidays shall be alternated in accordance with the following schedule:

New Years Eve with the Father in odd years beginning 12/31/13 from 8:00 p.m. to 10:00 a.m. the following day;  Mother in even years.

New years Day with the Mother in even years beginning 1/1/14 at 10:00 a.m.;   Father in even years.

Martin Luther King Day with the Mother in even years;  Father in odd years.

President's Day with the Father in odd years, Mother in even years.

Easter Sunday with the Mother in odd years;  Father in even years.

Memorial Day with the Father in odd years, Mother in even years.

Fourth of July with the Mother in odd years, Father in even years.

Labor Day with the Father in odd years, Mother in even years.

Thanksgiving with the Father in even years;  Mother in odd years Thanksgiving day shall be from 8:00 a.m. to 8:00 p.m. The weekend would stay in the same alternating weekend schedule.

Christmas Eve Day from 9:00 a.m. to Christmas morning at 10:00 a.m. with the Mother in even years;  Father in odd years.

Christmas Day at 10:00 a.m. overnight until December 26th at 10:00 a.m. with the Mother in odd years;  Father in even years.

Father's Day shall be spent with the Father and Mother's Day shall be spent with the Mother.

The parties shall rotate the end of Ramadan and Pilgrimage holidays annually.   The Mother shall have the child on the day that she observes the Eid al Fitr on even years, and the Father shall have the child on the day that he observes that holiday on odd years.   The Mother shall have the child on the day that she observes Eid al Adha on odd years, and the Father shall have the child on the day that he observes that holiday on even years.

2.3 Each parent shall have two non-consecutive weeks of summer vacation with the minor child.   In odd years, the Father shall select his two non-consecutive weeks no later than May 15th and the Mother shall select her two non-consecutive weeks no later than May 30th.   In even years, the Mother shall select her two non-consecutive weeks no later than May 15 and the Father shall select his two non-consecutive weeks no later than May 30th.   When the child is in school, the parties shall follow the regular weekday schedule during the child's vacation days (Winter and Spring vacations).   The parties may modify this schedule by agreement if one parent desires to take the child on vacation during a school break, and they shall notify the other parent by January 31 of that year, with the Father having the right to have February break on even years and April break on odd years.   Said agreement to take a vacation with the child shall not be unreasonably withheld.   The February break shall take precedence over the Presidents weekend holiday schedule as spelled out above.   Neither parent can take the child out of the United States without a court order.   Pursuant to the Court order dated March 21, 2013 (see attached order),* neither parent shall obtain a passport (foreign or US) for the minor child without a court order, nor shall any parent add the name of the child to any passport without a court order.   In the event either parent takes the child on vacation out of the State of Connecticut, the itinerary, with addresses and phone numbers must be produced to the other parent not later than two weeks before travel time.   Neither parent shall deny the other parent access by phone to the child while the other has him on vacation.

2.4 The holiday and vacation schedule shall take precedence over the regular schedule.

2.5 No special schedule shall apply to the child's birthday or either parent's birthday, except that reasonable agreements shall be made to allow for the exchange of well wishes and presents between the parent and child for the parent not having physical custody of the child on his birthday.

2.6 The parties intend the foregoing parenting plan to provide a flexible framework that may be adjusted, upon mutual agreement in advance in writing (by email), to meet specific needs and circumstances upon reasonable notice and with the reasonable accommodation which should include specific times.   When either parent is unable to do their visitation within one hour of any scheduled time or within one hour of a previously agreed upon accommodation time, then that parent forfeits their visitation time for that day.   A need for flexibility and adjustment is specifically anticipated as follows. (a) Reasonable Allowances will be made for early pick-up or drop-off times for vacations, holidays and special events which shall be confirmed by email. (b) The parenting plan will be flexible to allow for the child's attendance at family functions, such as birthdays, weddings and funerals.   Each party shall give the other as much advance notice as reasonably possible as to the day, time and nature of all such special events. (c) With the exception of travelling out of the USA or issues with the child's passport, nothing contained herein shall preclude the parties from making adjustments and changes in the parenting plan in advance in writing by email, to allow for such things as the schedules of the parties and/or the child's own schedule or for vacations or other events, provided such changes are discussed by both parties in advance and made by mutual agreement.

2.7 If either party decides to relocate more than 20 miles from his or her residence with the minor child they shall be required to notify the other parent, in writing, at least ninety (90) days prior to that date and absent court order he or she cannot do so.   Both parties shall inform the other parent of any change in residence within one week prior to said change of his/her current address.

2.8 If either party cannot be present with the child during their visitation time for a period of more than three (3) hours the other parent shall have the right of first refusal to take the child in the other parent's absence.   In the event the non-custodial parent can't take the child, the custodial parent who is not able to be with the child shall notify the other parent as to where the child will be and who is watching the child (with the address and phone number of the person watching the child).

ARTICLE III:  MISCELLANEOUS

3.1 The parties shall have reasonable access to the child while they are with the other party, including free access by mail, free access by electronic mail and free access by telephone during reasonable hours of the day and evening.   Each parent may attend all extracurricular events and school activities of the child regardless of whose parenting time is in effect during the scheduled event or activity.

3.3 This Parenting Plan Agreement, upon approval and acceptance by the Court, shall constitute a final judgment and shall be incorporated by reference into any subsequent agreement or court order involving the resolution of financial, support, and property issues.

“EX B”

THIS PROPERTY AND SEPARATION AGREEMENT made and entered into this 20th day of August 2013 by and between RITA HASSAN (hereinafter referred to as the “Wife”) and ESSLAM A. HASSAN (hereinafter referred to as the “Husband”), (Wife and Husband sometimes being hereinafter referred to as the “Parties”),

WITNESSETH

WHEREAS, the Wife and the Husband were married April 4, 2006 in Bridgeport, Connecticut, and

WHEREAS, there is one minor child issues of this marriage, namely, ALI HASSAN a son born July 27, 2008 (hereinafter sometimes referred to as the “Child”), and

WHEREAS, irreconcilable differences have arisen between said Parties, as the result of which their marriage has broken down Irretrievably, and they intend to live separate and apart;  and

WHEREAS, the Parties are desirous of entering into an Agreement of Separation (hereinafter referred to as the “Agreement”) for the purpose of confirming their separation and settling their property rights and making suitable provisions for the support and maintenance of the Wife and child;  and

WHEREAS, each party hereto has received independent advice from counsel of his or her own selection, and each has been fully informed of his or her legal rights and liabilities, and believing this Agreement to be a fair, just and reasonable settlement of any and all claims they may have with respect to the dissolution of the marriage and the division of personal and real property and the support and maintenance of the Wife, they have consented to its terms freely and voluntarily, and

WHEREAS, each of the Parties hereto is fully advised of the property, estate and prospects of the other;  and

WHEREAS, this Agreement is made and intended for the purpose of settling between the Parties hereto all of the claims and demands which each may have against the other, all claims of alimony, maintenance, custody, visitation, support, and any and all claims which either may have or claim upon or against the property and estate of the other for alimony, maintenance, support and any other matters whatsoever;

WHEREFORE, the Wife instituted an action against the Husband claiming a dissolution of marriage, which action is now pending in the Superior Court at Bridgeport, Docket No. FBT–FA–12–4038777 S.

NOW THEREFORE, in consideration of the premises and the mutual promises and undertakings herein contained the Parties agree as follows:

ARTICLE I—SEPARATE STATUS

The Parties shall, at all times hereafter, have the right to live separately and apart and continue to do so during the terms of their natural lives, and that each may at all times live separate and apart from the other as if sole and unmarried, and may conduct, carry on and engage in any employment, business or trade that either shall deem fit without any control, restraint or interference, directly or indirectly, by the other party hereto.   Neither party shall molest the other nor compel the other to cohabit with him or her by any legal or other action or proceeding for the restitution of conjugal rights or otherwise.

ARTICLE II—CUSTODY AND VISITATION

2.1 The Husband and the Wife shall have joint legal custody of the minor child issue of the parties' marriage.   The Wife shall have primary physical custody of the minor child.   The Husband shall have parenting rights with said child in accordance with the Parenting plan herein attached and entered as a court order on May 30, 2013.   This Agreement shall be incorporated into the final divorce decree.

ARTICLE III—PROPERTY DIVISION

3.1 Personal Property:  The parties have divided all personal property, furniture and furnishing to their mutual satisfaction.

3.2 Bank Accounts, etc:  The parties shall retain their individual bank accounts, IRAs, pension, retirement plans and any other assets they each have and are listed on their financial affidavits.

3.3 Automobiles:  The Wife shall retain her vehicle and be responsible for all insurance, taxes, and maintenance for said vehicle after the date of dissolution.   The Husband shall retain his vehicle and maintain the all insurance, taxes, and maintenance for said vehicle after the date of dissolution.

ARTICLE IV—ALIMONY

[4.1 Has been crossed off and initialed by parties.]

ARTICLE V—CHILD SUPPORT

5.1 The Husband shall pay child support according to the child support guidelines in the amount of $55 a week based on his current income of $15,000, until the child attains the age of eighteen (18) or graduates from high school whichever occurs first.

5.2 The Husband and Wife shall pay for work-related child care in accordance with the guidelines, and they shall equally pay for extracurricular activities for the child, which shall be mutually agreed upon in writing, which shall include but not be limited to camps, sports, tutoring, lessons, birthday gifts, school costs, after school costs, etc.   To the extent that they can both pay the costs at the time they are incurred, they shall attempt to do that.   For the costs the Wife has had to pay, she shall itemize those costs to the Husband on a monthly basis and he shall reimburse her within one week of receipt of the costs from the Wife

ARTICLE VI—MEDICAL BENEFITS

6.1 The Wife shall provide health insurance coverage for the minor child as long as her employment provides the same or similar medical insurance, until the child is 18.

6.2 The Husband and Wife shall pay unreimbursed medical expenses and/or costs or co-pays for medical, dental orthodontic, psychological, optical or psychiatric bills for the children in accordance with the child support guidelines.   If one party pays for unreimbursed expenses, then the other party shall submit the bills to the other in a timely manner and he/she shall reimburse her within one week of said receipt.

6.3 The Husband shall be responsible for his own insurance after the divorce.

ARTICLE VII—ATTORNEYS FEES

7.1 The parties hereto declare and acknowledge that the Wife and the Husband have had independent legal advice of their own selection.   The Wife has been represented by Nancy Aldrich of Aldrich & Aldrich, 152 King's Highway North, Westport, CT, and the Husband has been represented by William J. Neary of Shelton, CT. The parties shall each pay their own legal fees.

7.2 In the event that it shall be determined by a court of competent jurisdiction that either party shall have breached any of the provisions of this Agreement or of any court decree incorporating by reference or otherwise this Agreement or portions thereof, the offending party shall pay to the other party reasonable attorneys fees, court costs, and other expenses incurred in the enforcement of the provisions of this Agreement and/or judgment or decree incorporating any or all of the provisions hereof.

ARTICLE XIII—TAXES

9.1 The Husband shall file separately and be separately responsible for any and all taxes he may owe for 2010 and onward.   The Wife has filed separate returns during the whole marriage and has already filed separately for 2012.

ARTICLE X—DEBTS OF THE PARTIES

10.1 The Parties shall each be responsible for their own respective debts as listed on their financial affidavits.

10.2 Subject to the provisions of this agreement, the Husband covenants and represents that he has not heretofore incurred or contracted, nor will he at any time in the future incur or contract, any debt, charge or liability whatsoever for which the Wife, her legal representatives, or her property or estate is now or may become liable and the Husband further covenants at all times to keep the Wife free, harmless and indemnified of and from any and all debts, charges and liabilities heretofore or hereafter contracted by him.   This obligation is in the nature of support and non-dischargeable in bankruptcy.

10.3 Subject to the provisions of this agreement, the Wife covenants and represents that she has not heretofore incurred or contracted, nor will she at any time in the future incur or contract, any debt, charge or liability whatsoever for which the Husband, his legal representatives, or his property or estate is now or may become liable and the Wife further covenants at all times to keep the Husband free, harmless and indemnified of and from any and all debts, charges and liabilities heretofore or hereafter contracted by her.   This obligation is in the nature of support and non-dischargeable in bankruptcy.

ARTICLE XI—MUTUAL RELEASES

11.1 Subject to the provisions of this Agreement, each party has remised, released and forever discharged and by these presents does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, remise, release and forever discharge the other of and from all cause or causes of action, claims rights or demands whatsoever, in law or in equity, which either of the parties hereto ever had or now had against the other, except any or all cause or causes of action for dissolution of marriage or legal separation.

11.2 Subject to the provisions of this Agreement, each of the parties may in any way dispose of his or her property of whatsoever nature, real or personal, and the parties hereto, each for himself and herself, respectively, and for their respective heirs, legal representatives, executors, administrators and assigns hereby waive any right of election which he or she may have or hereafter acquire regarding the estate of each other, or to take against any Last Will and Testament of the other, whether heretofore or hereafter executed, as may now or hereafter be provided for in any law of the State of Connecticut or any other state or territory of the United States, or any foreign country and renounce and release all interest, right or claim of community property, right of dower, or otherwise, that he or she now has or might otherwise have against the other, on the property of whatsoever nature, real or personal, of the other, under or by virtue of the laws of any state or country, and each will at the request of the other, or his or her legal representatives, executors, administrators and assigns, execute, acknowledge and deliver any and all deeds, releases or any other instrument necessary to bar, release or extinguish such interests, rights and claims, or which may be needful for the proper carrying into effect of any of the provisions of this Agreement.   Each of the parties renounces and relinquishes any and all claims and rights that he or she may have hereafter acquire to act as administrator of the other party's estate, although either party may name the other as executor or executrix if he or she so desires.

ARTICLE XII—SITUS

12.1 It is understood and agreed that this Agreement is entered into under the laws of the State of Connecticut, and the execution hereof wherever and whenever undertaken shall be deemed to be completed upon delivery of the Agreement in Connecticut.   The laws of the State of Connecticut shall be applied to any construction of this Agreement, and in the resolution of any dispute arising hereunder.

ARTICLE XIII—REPRESENTATIONS

13.1 The Husband represents to the Wife that a true and accurate statement under oath of his income, assets and liabilities is set forth in the Husband's Financial Affidavit, a signed copy of which has been delivered to the Wife and the original of which will be filed in the court in the dissolution action instituted by the Wife against the Husband.   The Husband represents that he has no other assets or income except those set forth in said Affidavit.

13.2 The Wife represents to the Husband that a true and accurate statement under oath of her income, assets and liabilities is set forth in the Wife's Financial Affidavit, a signed copy of which has been delivered to the Husband and the original of which will be filed in the court in the dissolution action instituted by the Husband against the Wife. The Wife represents that she has no other assets or income except those set forth in said Affidavit.

13.3 The terms and financial arrangements set forth in this Agreement were made based upon the representations made in said affidavits and both parties relied upon the facts set forth therein.   Each party expressly represents that there has been no substantial change in circumstances to him or to her since the date of said affidavits and that said affidavits fully, fairly and accurately set forth the existing assets, liabilities, and income of the parties.   In the event of a substantial omission or misstatement by either party in his or her affidavit, the other party shall have the right to reopen and reform and judgment entered in the pending action incorporating the terms hereof.

ARTICLE XIV—MISCELLANEOUS PROVISIONS

14.1 It is understood and agreed that either party pursuing legal action regarding this marriage shall fully disclose this Agreement to the Court before which such action is taken.   The parties hereto agree that this Agreement may be incorporated in full by reference or otherwise in divorce or dissolution of marriage proceedings and/or a decree of absolute divorce or dissolution of marriage by a court of competent jurisdiction, at the discretion of the court.   This Agreement shall not merge with any decree of any court affecting the parties hereto, but shall survive any such decree and remain in full force and effect.   If a judgment incorporating the terms of this Agreement is modified, this Agreement shall be deemed to be modified accordingly.

14.2 No modification or waiver of any of the terms of this Agreement shall be valid unless the same shall be in writing and executed with the same formality as this Agreement.   No waiver or any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

14.3 The Husband and Wife have incorporated in this Agreement their entire understanding and no oral statement or prior written matter extrinsic to this Agreement shall have any force or effect and the said parties are not relying upon any representations other than those set forth herein.   In the event any judgment is modified by the Superior Court of the State of Connecticut or any other court of competent jurisdiction, this Agreement shall likewise be modified in accordance with said modification.

14.4 All of the covenants, promises, stipulations, agreements and provisions herein contained shall apply to, bind and be obligatory upon the heirs, executors, administrators, personal representatives and assigns of the Husband and the Wife hereto, whether so expressed or not.

14.5 The Husband and the Wife agree that they will at all times and at any time, from time to time, make execute and deliver all further instruments and documents, reasonably necessary to carry into effect the provisions of this Agreement.

14.6 This agreement shall be executed in one or more counterparts, each of which so executed shall be deemed an original and shall constitute one and the same agreement.

14.7 The paragraph headings herein are for convenience only and shall not be construed to limit or in any way effect any provision of this Agreement.

14.8 To the extent any provision contained herein shall require consent of or notification to the other party such notice shall be sent by certified mail, return receipt requested.

ARTICLE XV—COLLEGE EDUCATION

15.1 The court shall maintain jurisdiction of the funding of college for the child pursuant to CT General Statute 46b–56c.   In the event either party claims that he/she is not financially able to contribute, the party may petition the court for a determination of financial ability and the amount to be contributed.   Said fees shall be a total of four full academic years and shall terminate upon each child completing four full academic years, or attaining age 23, which shall first occur.

IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written.

*Editor's Note:  The referenced Court order dated March 21, 2013, pg. 8, par. 1 has not been reproduced.

Owens, Howard T., J.T.R.