2009 Ct. Sup. 18574
No. FA06-400 61 50 SConnecticut Superior Court Judicial District of Danbury at Danbury
November 16, 2009
MEMORANDUM OF DECISION
ELAINE GORDON, Judge of the Superior Court.
The husband and the wife, whose maiden name was Angeline Rehfeldt, were mated on June 23, 1995, at Hunter, New York.
Only the two following children, issue of the marriage, have been born to the wife since the date of the marriage: Sarah Zakrzewski, born April 17, 1997; and Lucca Zakrzewski, born June 2, 2005.
All jurisdictional requirements have been met.
The marriage of the parties has broken down irretrievably, and the same is hereby dissolved.
The court has considered all of the credible evidence and the statutory criteria contained in Connecticut General Statutes Sections 46b-81 and 46b-82. In addition, it has considered all of the statutory criteria affecting child custody awards and the child support guidelines. The court enters the following orders:
1. As set forth in the parties’ stipulation dated March 10, 2009, and made a part of the court record on March 25, 2009, the parties shall have joint legal custody of the minor children and the primary residence of the children shall be with the plaintiff. Paragraphs one through four of said stipulation are incorporated by reference in this decree.
2. Each party shall furnish immediately to the other copies of any reports from third persons concerning the health, education, extra curricular activities, or welfare of the children. Both parties shall have full and unfettered access to all school personnel and the children’s educational records.
3. Each party shall exert reasonable efforts to maintain free access and unhampered contact between the children and each of the parties, and shall foster a feeling of affection between the children and the CT Page 18575 parties. Neither party shall make any comment that denigrates the other parent to, in the presence of, or within the hearing of the children, or to third parties. Neither party shall do anything to estrange the children from the other party, nor injure the opinions of the children as to the other parent, nor act in such way as to hamper the free and natural development of the children’s love and respect for the other parent. Neither parent shall prevent the children from contacting the other parent in the event that either child wishes to, at reasonable times and frequencies.
4. Each of the parties agrees to keep the other informed as to the whereabouts of the children, including their address and telephone number, while the children are with either of them. Each party will promptly notify the other of the address where the children will be staying in the event they are spending the night away from the residence of the parent, or if they are traveling out of state with the children. Similarly, each party shall furnish to the other an itinerary and contact numbers for the children when the children are traveling outside the United States.
5. In the event that the plaintiff proposes to relocate with the children outside of Danbury, Connecticut, she shall notify the defendant of that intention, in writing, via certified mail, no less than 90 days in advance of the proposed move. In the event that the defendant objects to the move, he shall, within 30 days, give notice of that objection, in writing, via certified mail. In the event that the parties are unable to reach a mutual agreement on a proposed relocation, either party may seek an appropriate determination from the court. The parties shall cooperate in expediting any evaluation or other step necessary to conclude the proceedings relating to a proposed relocation. The children shall not be relocated from Danbury until the conclusion of the Relocation hearing.
6. Outside of co-parenting counseling, the parties shall communicate via ShareKids.com.
7. In order to facilitate parental communication and cooperation, and to aid in joint decision making, the parents shall hire a parenting coordinator recommended by the guardian ad litem. They shall, until March 1, 2011, meet with the parent coordinator as the coordinator deems fit to facilitate parental communication and joint decision-making. After March 1, 2011, the parties shall meet with the parenting coordinator any time there is a major decision affecting either of the children upon which they cannot agree.
8. After meeting with and discussing issues with the parenting CT Page 18576 coordinator, the mother shall have final decision-making power regarding said decision.
9. The mother shall not schedule any activities, which will interfere with the father’s access schedule without the written consent of the father.
10. Exchanges of the children shall take place at Visitation Solutions until March 1, 2010.
11. The father shall have access with the children according to the following schedule:
a. November 2009 — the father shall have access with Lucca on Tuesdays from 11:30 a.m. to 3:30 p.m. and on Saturdays from 9:30 a.m. to 1:30 p.m. The father shall have access with Sarah on Tuesdays from 3:30 p.m. to 7:30 p.m. and on Saturdays from 11:30 a.m. to 4:30 p.m.
b. December 2009 — the father shall have access with Lucca on Tuesdays from 11:30 a.m. to 3:30 p.m., and on alternate weekends on Saturdays from 9:30 a.m. to 1:30 p.m. and Sundays from 9:30 a.m. to 4:30 p.m. The father shall have access with Sarah on Tuesdays from 3:30 p.m. to 7:30 p.m., and on the same alternate weekends as Lucca Saturday 11:30 a.m. to 4:30 p.m. and Sunday 9:30 a.m. to 4:30 p.m.
c. January 2010 — the father shall have visitation with Lucca on Tuesdays from 11:30 a.m. to 1:30 p.m. and alternate weekends Saturday and Sunday from 9:30 a.m. to 4:30 p.m. He shall have visitation with Sarah on Tuesdays from 3:30 p.m. to 7:30 p.m. and together with Lucca, Saturdays and Sundays from 9:30 a.m. to 4:30 p.m.
d. Commencing March 2010 — the father shall have visitation with Lucca on Tuesdays from 11:30 a.m. to 3:30 p.m., and on alternate weekends from Saturday at 9:30 a.m. to Sunday at 4:30 p.m. He shall have access with Sarah on Tuesdays from 3:30 p.m. to 7:30 p.m. and on Saturdays and Sundays together with Lucca, from 9:30 a.m. Saturday to 4:30 p.m. Sunday.
12. One hour of Sarah’s access time with her father, on Tuesdays CT Page 18577 in November and December 2009, shall be therapeutic contact between Sarah, her father and Laura Ehrhardt, and its content and nature shall be directed by Ms. Ehrhardt.
13. For calendar year 2009, father shall have the children on Thanksgiving from 9:30 a.m. to 7:30 p.m. and on December 26 from 9:30 a.m. to 7:30 p.m.
14. In the ensuing years, the father shall have Thanksgiving in odd numbered years, and the mother in even numbered years. In even numbered years, the father shall have the children for Christmas from 3:30 p.m. on December 24 to 3:30 p.m. on December 25, and the mother shall have the children for Christmas from December 25 at 3:30 p.m. through December 26. In odd numbered years, the children shall celebrate Christmas with their mother from 3:30 p.m. on December 24 to December 25 at 3:30 p.m., and with their father from December 25 at 3:30 p.m. to December 26 at 7:30 p.m.
15. February and April school vacations shall be split between the parties and the exchange shall take place on Wednesday at noon.
16. Summer vacation shall be divided in the following manner: If the mother travels to Germany with the children, she may have four weeks vacation with the children; otherwise, her vacation shall consist of two weeks. The father shall have two non-consecutive weeks of vacation. If the mother and children will be in Europe, and the father also p1ans to visit with the children in Europe, he shall coordinate these weeks at the beginning or at the end of the children’s time with their mother. The mother shall inform the father no later than April 15 of each year of her intention to travel to Germany with the children, along with the dates of this vacation; or in the alternative, of the two-week vacation she wishes to take with the children. By May 15 of each year, the father shall inform the mother of his intended vacation dates and whether vacation will take place in the United States or Europe.
17. The parties shall cooperate in making the children’s passports available to each other to effectuate travel plans.
18. Given the coordination of family support, contained herein, the child support guidelines are waived.
19. The father shall maintain, for the benefit of the minor children, health insurance available to him through his former employer, if such is available at reasonable cost. The plaintiff may substitute a comparable and less expensive plan if one is available. CT Page 18578
20. The parties shall each pay one-half of the cost of the health insurance for the minor children and all unreimbursed and non-insured health related expenses incurred on behalf of the minor children.
21. The defendant shall pay to the plaintiff as unallocated alimony and child support $500.00 per week until the occurrence of the earliest of the following events: the death of either party, the remarriage of the plaintiff, or December 31, 2014. This order is non-modifiable as to duration. At such time as alimony payments cease, the defendant shall pay child support in accordance with the child support guidelines then in effect.
22. The marital home is ordered sold. It shall immediately be listed for sale. The plaintiff shall be responsible for selecting the real estate broker and shall set a price as recommended by that broker, together with such reductions as the market requires and the broker advises. The plaintiff shall immediately inform the defendant of the name and contact information of the broker and he shall be entitled to confer with the broker who shall be given a release to speak openly with him regarding the sale. The court retains jurisdiction over the sale of the house. Upon the sale of the home, the plaintiff shall receive 60% of the net proceeds and the husband shall receive 40%.
23. The plaintiff shall transfer $43,000.00 from her Vanguard Retirement account into a retirement account designated by the defendant together with all gains and losses from the date of dissolution to the date of transfer.
24. The parties shall divide the Procter and Gamble stock currently held by the defendant as follows: two-thirds to the defendant and one-third to the plaintiff.
25. Each of the parties is awarded the car they are currently driving. Each shall execute any documents necessary to effectuate this order, forthwith.
26. Each of the parties is awarded any property they may own in Europe.
27. Each of the parties shall retain their company.
28. The textbooks currently in Poland shall remain in the control of the defendant. He shall, on a monthly basis, account for any sales of these books and contemporaneously remit one-half of any net proceeds of CT Page 18579 sale to the plaintiff.
29. The issue of personal property is referred to the family relations office for mediation. The court retains jurisdiction over the personal property.
30. Each party shall have the right to claim one child for tax purposes. If only one child is eligible, that child’s deduction is awarded to the mother.
31. The Court retains jurisdiction to enter an Educational Support Order.
32. Each party shall pay 50% of the guardian ad litem’s bill, subject to any credits, in the amount of $10,912.50 within 30 days.
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