2004 Ct. Sup. 10301, 37 CLR 401
No. FA99-0549639Connecticut Superior Court, Judicial District of New London at New London
July 1, 2004
MEMORANDUM OF DECISION RE MOTION TO ENJOIN PLAINTIFF FROM RELOCATING TO HAWAII, MOTION #148 MOTION TO ENJOIN, MOTION # 149 MOTION TO OPEN AND MODIFY JUDGMENT, MOTION #152
HADDEN, A., JUDGE.
Each of the pending motions addresses the issues presented by the plaintiff’s plan to relocate to the state of Hawaii. The plaintiff, who also has primary physical custody of the minor children, plans to move to Hawaii on July 10, 2004.
The court, having reviewed the file, the stipulation of the parties and the arguments of counsel, makes the following findings:
1. that the planned relocation of the plaintiff is for a legitimate purpose;
2. that the proposed location is reasonable in light of that purpose; and
3. that the relocation is in the best interests of the minor children.
Having made the above findings, the court enters the following orders in accordance with the stipulation of the parties:
1. The two minor children, Hunter and Holden, may relocate to the state of Hawaii.
The parties shall continue to enjoy joint legal custody, with primary residence to be with plaintiff mother.
2. Within three (3) months of the date of this stipulation, father and mother shall both secure the equipment and the internet services necessary to allow the father and the children to have video as well as audio communications via the internet. Father shall have internet and telephone contact with the said minor children no less than three days in any calendar week between the hours of 3:00 p.m. to 5:00 p.m. Hawaii Time CT Page 10302 Zone.
3. At the conclusion of Mr. Steiner’s current orders, or earlier if plaintiff no longer intends to maintain her residence in the state of Hawaii, either party may then file a motion to modify the orders of this court pertaining to custody, access, child support and related issues. In recognition thereof, both parties waive the requirement of proof of a substantial change of circumstances, as the predicate for this court to then modify these orders or any prior orders of this court not in conflict with the terms of this stipulation.
4. It is the intent of these parties that the Superior Court of the State of Connecticut should and they agree that it shall retain jurisdiction over this matter in all respects. Said intent is predicated upon their mutual recognition of the inherent prejudice to the other and the significant financial and other burdens father would face if mother initiated proceedings in Hawaii, when the children are with her, and correspondingly mother would face if father initiated proceedings in Maryland when the children are with him.
Recognizing that this court cannot prevent another state or other governmental entity from exercising jurisdiction over this matter and thereby defeat this central and essential element of this stipulation, the parties agree that the party taking any action with the intent to and/or the effect of which is to have any other state, district, possession, country or other governmental entity assume jurisdiction or authority over any aspect of this matter, and more particularly with regard to any issue affecting these minor children, then that party who sought and/or caused such action to be initiated shall be responsible for all of the costs the other party incurs in responding to same, including but not limited to attorneys fees, litigation costs, all travel-related expenses, hotel and lodging expenses and lost earnings.
5. Any prior orders of this court not inconsistent with these provisions shall remain in full force and effect.
The court enters the following additional orders:
1. The defendant father shall have the following access time with the minor children:
A. Christmas Vacation
14 Consecutive Days CT Page 10303
Commencing on December 21st in all even years and Commencing on December 27st in all odd years.
B. Spring Vacation
10 consecutive days
Commencing on the day after the cessation of classes.
C. Summer Vacation
35 Consecutive Days
Commencing on the second day after the cessation of classes.
D. October Vacation
10 Consecutive Days
Commencing on the day after the cessation of classes.
2. The defendant father’s access time with the minor children during the summer of 2004 shall terminate on July 6, 2004.
3. If father has occasion to otherwise be in Hawaii, father can exercise additional access time with said children in the state of Hawaii for so much of that time as will not interfere with the children attending class or participating in any other school required activities.
Such additional visits shall be solely at father’s own expense. Father shall give mother no less than fourteen (14) days prior notice by e-mail of his intention to exercise this additional visitation.
4. There shall be no specific “make up” provision for time lost due to school calendar variations; however, the parents may negotiate and agree to any other combination of times if they so desire. Any such agreement shall be memorialized in writing. Mother shall provide to father upon receipt each year a copy of the school calendar so that access plans can be made in advance.
5. The transition of the care and custody of the minor children from one parent to the other shall occur at the Honolulu International Airport and the Baltimore-Washington International Airport. CT Page 10304
Plaintiff mother shall fly with the children from Hawaii to Maryland arriving in Maryland on the commencement date of each access period and defendant father shall fly with the children from Maryland to Hawaii arriving in Hawaii on the termination date of each access period.
6. So long as mother and the children remain in Hawaii, father shall pay $100.00 per month to mother as child support by direct deposit into an identified account, and the balance of the child support guideline amount shall be paid into an escrow account for travel expenses, by deviation from the guidelines. Father shall handle the account and ticket purchases, providing a duplicate account statement to mother monthly as well as receipt for all ticket purchases. All airline tickets for both the parents and the children shall be purchased from that account. The parties shall communicate via e-mail regarding scheduling visits no less than 100 days prior to the start date of any visit, to give the parties time to seek out the lowest price for the tickets. Father shall have ten days in which to offer his own options; the purchase shall be made no later than the 10th day, at the lowest price. Should either party subsequently cancel or attempt to change any plans, that party shall be solely responsible for any increase in cost or shall reimburse the escrow account for any loss incurred. In the event that the funds in the escrow account are not sufficient to allow for all scheduled trips, father shall be solely responsible for paying for any shortfall. All funds paid into the account but not utilized for travel shall remain in the account and at the end of the three-year period shall be turned into an account solely for Hunter and Holden’s future use.
7. In light of the above orders, each motion to enjoin is denied.
Hadden, J. CT Page 10305