Patrick T. Jackson III v. Sally A. (Jackson) Macleod
100 A.3d 484
Me.2014Background
- Patrick Jackson and Sally MacLeod are divorced parents of three children; long-running, high-conflict litigation over custody and related matters spanned more than a decade.
- Prior order: MacLeod had sole decision-making rights except that Jackson shared educational decision-making (because he funded private schooling) and exercised alternate-weekend and vacation visitation; supervision restrictions had been relaxed over time.
- MacLeod filed a motion to modify parental rights (seeking sole educational authority and limiting visitation) while a separate contempt motion regarding Jackson’s nonpayment of child-related expenses was pending and then resolved in August 2013.
- After the modification motion was filed, two summer-2013 incidents occurred: (1) the youngest child was bitten by a possibly rabid skunk at Jackson’s home and Jackson did not seek immediate medical care or notify MacLeod (the child later required 14 days of rabies treatment); (2) Jackson enrolled the eldest child in driver’s education and signed for a permit over MacLeod’s objection despite lacking custodial authority.
- At the November 2013 hearing (MacLeod’s modification motion), the court relied on those summer incidents, revoked overnight visitation for the youngest child until age sixteen, ordered enhanced medical-notification duties, and imposed a $1,000 civil penalty against Jackson.
- On appeal, the Maine Supreme Judicial Court affirmed the modification of visitation but vacated the $1,000 civil monetary penalty.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (MacLeod) | Held |
|---|---|---|---|
| Whether the court could rely on events occurring after the motion to modify was filed | Court should not consider post-filing events not in the motion | Court may consider events between filing and hearing that affect child safety | Held: Court may consider events after filing; reliance on summer-2013 incidents was permissible and supported by precedent |
| Whether elimination of overnight visits with youngest child until age 16 was appropriate | Change was unnecessary and an abuse of discretion | Summer incidents showed substantial change affecting child safety and best interests | Held: Modification affirmed; substantial change shown (skunk bite and related conduct) and best-interest analysis adequate |
| Whether evidence of parenting disputes (driver’s permit incident) was admissible/relevant | Such disputes were barred by prior res judicata ruling on sole parental rights | Disputes relevant to contact and safety even if sole-rights issue precluded | Held: Court properly considered driver’s-education incident as relevant to contact and parenting capacity |
| Whether court had authority to impose $1,000 civil monetary penalty at modification hearing | Penalty was within court’s remedial powers and supported by contempt history | Penalty appropriate to sanction Jackson’s conduct | Held: Vacated — court lacked authority because no contempt motion was pending and contempt-in-presence did not apply at that hearing |
Key Cases Cited
- Gordon v. Cheskin, 82 A.3d 1221 (Me. 2013) (trial-court factual findings and reliance on post-filing events reviewed for clear error)
- Sloan v. Christianson, 43 A.3d 978 (Me. 2012) (modification may rely on events occurring between filing and hearing)
- Brasier v. Preble, 82 A.3d 841 (Me. 2013) (requirement of substantial change and best-interest analysis for custody modification)
- Douglas v. Douglas, 43 A.3d 965 (Me. 2012) (two-step substantial-change inquiry for modifications)
- Neudek v. Neudek, 21 A.3d 88 (Me. 2011) (purpose of substantiality requirement to limit repeated modification attempts)
- Bulkley v. Bulkley, 82 A.3d 116 (Me. 2013) (court need not address every statutory best-interest factor if analysis shows consideration)
- Akers v. Akers, 44 A.3d 311 (Me. 2012) (trial court discretion in weighing best-interest factors)
- Jarvis v. Jarvis, 832 A.2d 775 (Me. 2003) (broad trial-court discretion in custodial arrangements)