BRANDY KISSOONDATH VS. SASHA KISSOONDATH (FM-06-96-12, CUMBERLAND COUNTY AND STATEWIDE)
A-4837-14T1
| N.J. Super. Ct. App. Div. | May 10, 2017Background
- Parties divorced in 2012; judgment of divorce incorporated a settlement providing joint legal custody, plaintiff (Brandy) as parent of primary residence, defendant (Sasha) as alternate residence, and a two-week rotating parenting schedule with specified weekends and alternating summer weeks.
- Longstanding, acrimonious post-judgment disputes; trial judge (Judge Johnson) had presided over multiple motions and knew the parties’ history.
- In April 2015 the Family Part issued a 19-page post-judgment order resolving 26 reliefs; relevant here are three denials/limitations adverse to Sasha.
- Court denied Sasha permission to obtain the children’s passports for a Disney cruise to Caribbean destinations, citing concern he might abscond to Trinidad or another foreign country given the parties’ history and prior denial to travel to Trinidad.
- Court denied Sasha’s request to modify parenting time to add a Wednesday overnight pickup for lack of a substantial change in circumstances and disruption concerns, but allowed limited Friday pickup at 3:00 p.m. with plaintiff’s consent and extended some Saturday return times when plaintiff works late.
- Court denied Sasha’s request to automatically keep the children when plaintiff is away overnight for work, but ordered Sasha has the option to take the children if plaintiff’s work trip exceeds five days; plaintiff may choose caregivers for shorter absences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Permission to obtain passports / take children on Disney cruise abroad | Travel poses risk; prior concerns about medical care and flight risk support denial | Trip is in children’s best interests; no sufficient basis to deny passports | Denied — court found credible flight-risk concerns and history supporting restriction |
| Modify parenting time to add Wednesday overnight | Opposed due to disruption to children’s routine | Requests more weekday time (Wed overnight) to increase parenting time | Denied — no substantial change; weekday overnight would be unduly disruptive |
| Additional Friday pickup and extended Saturday returns when plaintiff works | Agreed to limited adjustments only | Sought broader routine changes | Partially granted — Friday 3:00 p.m. pickup allowed with consent; limited Saturday extension allowed when plaintiff works late |
| Automatic custody when plaintiff travels overnight for work | Plaintiff may choose caregiver for short trips | Sought right to take children whenever plaintiff away overnight | Denied for automatic right; granted option to take children if plaintiff’s absence exceeds five days |
Key Cases Cited
- Cesare v. Cesare, 154 N.J. 394 (1998) (appellate deference to Family Part factual findings in custody matters)
- MacKinnon v. MacKinnon, 191 N.J. 240 (2007) (standard for upholding trial court factual findings)
- Manalapan Realty v. Manalapan Twp. Comm., 140 N.J. 366 (1995) (legal conclusions reviewed de novo; factual findings accorded deference)
- Parish v. Parish, 412 N.J. Super. 39 (App. Div. 2010) (standards for reversing family court decisions only in narrow circumstances)
- Sacharow v. Sacharow, 177 N.J. 62 (2003) (best interests of the child governs custody/parenting time decisions)