2009 Ct. Sup. 18091
No. FA06-4103491Connecticut Superior Court Judicial District of New London at Norwich
November 10, 2009
MEMORANDUM OF DECISION REGARDING ACCESS SCHEDULE
SHLUGER, J.
A review of the record reveals that the parties were divorced on May 9, 2007. There are two minor children issue of the marriage, Kyle who is 12 and Sean who is 15.
On October 29, 2009 the parties appeared before the court (Vasington, J.) wherein the court ordered “Mother to have physical custody of Kyle. Father to have reasonable rights of visitation. If parties unable to set visitation schedule, parties may return to court. The court will set the schedule. These orders are without prejudice. No child support ordered. Minors to stay in counseling.”
Thereafter, the parties appeared on November 9, 2009 before the court (Shluger, J.) to address the issues of access. The court heard testimony from both parties and the Guardian ad litem. The court also considered the family services final recommendations report dated September 30, 2009.
The Guardian ad litem testified that the parties have virtually no ability to get along or communicate, that the children feel caught in the crossfire and that a flexible schedule is unworkable under these circumstances. The Guardian ad litem adopted the recommendations of the family services report in their entirety. The father agreed.
The mother testified that the proposed plan was unworkable for a variety of reasons and testified that she had suggested several proposed access schedules which were not accepted by the father, family relations officer or the Guardian ad litem.
Based on the foregoing, the court orders the following:
1. The parties shall have joint legal custody of both children.
CT Page 18092
2. The father shall be designated the primary residential parent for Sean.
3. The mother shall be designated the primary residential parent for Kyle.
4. The mother shall have access with Sean every Wednesday from after school until 8:30 p.m., but Sean may opt, in his own discretion, to stay overnight. Should Sean desire to spend the Wednesday overnight at his mother’s residence, the mother shall communicate that to the father by telephone by 7:30 p.m. The mother shall have Sean every Sunday beginning at the start of the morning church service until 5 p.m. The father shall drop off Sean directly at the church prior to the start of the service. The mother may have additional access to Sean as mutually agreeable between the parents.
5. The father shall have access to Kyle every Thursday from after school until Saturday at 4 p.m. and every Tuesday after school until 7:30 p.m. The father may have additional access to Kyle as mutually agreeable between the parents.
6. All other orders not inconsistent with these orders shall remain in full force and effect.
7. Judge Vasington’s order that no child support be paid remains unchanged as that issue was fully litigated and considered on October 29, 2009.
8. Neither party shall injure the children’s opinion of the other parent by their words or their actions. Neither parent shall permit any third party to injure the children’s opinion of the other parent by their words or their actions. Neither party shall discuss any adult matters with the children, including but not limited to this trial, or any other court-related matter.
9. In the event either party seeks to file a future motion to modify any aspect of the parenting plan, they shall be required to file a Request for Leave to CT Page 18093 Modify as provided for in Practice Book Section 25-26, as amended.
CT Page 18094