Globman v. GlobmanGlobman v. Globman
- Reporters:
- ,
- Before:
- Michels, Pressler, Bilder
Shirley Globman, defendant wife in this matrimonial action, has a history of serious mental illness which has for some time required her intermittent hospitalization. Since she was in fact hospitalized during much of the duration of this litigation, including trial which took place in the summer and early fall of 1975, a guardian ad litem, George Warren, Esq., was appointed to protect
The history of this marriage is permeated by the tragedy of Mrs. Globman‘s illness and its effect on the other family members, culminating in the hostility between her parents and husband and placing the two young children at the very vortex of this family misfortune. The Globmans were married in 1964. Their older daughter, Chava, was born in 1966 and the younger daughter, Etta, in 1970. They lived together in Philadelphia until early 1971, when Mrs. Globman took up residence in her parents’ Trenton home with Etta, then about six months old. Mr. Globman remained in Philadelphia with the elder girl. Because of Mrs. Globman‘s various voluntary hospitalizations in Trenton Psychiatric Hospital after the separation, Etta was in the actual custody of and being raised by her maternal grandparents, the Levs, with no financial contribution to her support being made by her father. Nor, in fact, did he then or at any time thereafter, contribute materially to Mrs. Globman‘s support, all of whose necessaries during thе periods she resided with her parents and all of whose personal needs during the periods of her hospitalization, including
We deal first with the financial matters. Mrs. Globman is without assets or income and by reason of her psychiatric condition it is unlikely that she can be anticipated to be self-supporting. Her support is therefore a matter of public charge, with such supplements as her parents are able and willing to furnish. Her father, Israel Lev, is an Orthodox rabbi at the head of his own congregation and employed by the State as a chaplain in several of its institutions, including Trenton Psychiatric Hospital. Mrs. Lev is employed by the Division of Youth and Family Services. Mr. Globman is a Social Studies teacher employed by the Philadelphia public school system at a gross salary of about $16,000 annually. His employment benefits include generous medical and paramedical coverage and a $30,000 term life insurance policy of which the children are beneficiaries. For some years past, but apparently not since he has had custody of Etta, he supplemented his income by teaching at a Jewish parochial school, donating, however, his earnings from that source to charity. His assets, all acquired during the marriage, are modest, consisting largely of an inheritance from his mother which included publicly-traded securities having a value at the time of trial between $7,000 and $8,000; a one-third undivided interest in a modest income-producing property containing a store and four apartments located in a redеvelopment area of Philadelphia and hence of somewhat uncertain value, but listed at $25,000 for inheritance purposes; a new car which defendant purchased for $6,000; modest securities holdings apart from the inheritance, and a small cash sum. The total value of these assets was not
With respect to alimony, the amount being sought for Mrs. Globman, at least while hospitalized, was minimal, the proofs indicating that the cost of providing Kosher food was approximately $15 to $20 a week and that approximately $10 a week more would cover those personal items not supplied by the hospital, such as clothing, cosmetics and canteen-type purchases.2 As we have noted these expenses have been borne by Mrs. Globman‘s parents.3 The trial court refused to award any alimony at all for the reason, as stated in its letter opinion, that “the record does not authorize an award of alimony. It does not identify defendant‘s needs, other than counsel‘s conjecture for her personal needs \x97 clothing, cosmetics and other essentials.” Our review of the record does not, however, support that conclusion. There was uncontroverted testimony by Mrs. Globman‘s parents supporting the modest claims of the guardian ad litem.
All of the adults here involved are observant, committed and deeply religious Orthodox Jews. Kosher food is not provided by Trenton Psychiatric Hospital and observance of religious dietary requirements is a matter of serious religious conviction for both Mrs. Globman and her parents. We see no rеason why she should do without. Her other personal needs may not have been specifically itemized and cost-estimated but there is certainly sufficient proof in this record
Mr. Globman may be of modest means but he is by no meаns destitute, and it is clear to us that he is able to afford some contribution to these requirements of his wife which, meager as they are, nevertheless are of signal importance in lending some modicum of tolerability to her institutionalization. At the time the trial commenced Mr. and Mrs. Globman had been separated for 4 1/2 years. We regard it as grossly anomalous that during that time Mr. Globman by his own admission contributed not more than a total of $100 for the support of his wife (and nothing for the support of his daughter Etta while she lived with the Levs) but yet, during that same time period made charitable contributions in an amount exceeding $11,000.
In view of the wife‘s evident needs and the husband‘s evident ability to meet them at least in part, we remand to the trial court for the fixing of alimony commensurate with the needs, capacities and obligations of the parties. In view of the inordinate passage of time between the commencement of this trial in June 1975 and the disposition of this appeal, the parties shall be afforded the opportunity to present on the remand any additional proofs bearing on these matters.
We regard the trial court‘s denial of any equitable distribution as equally insupportable. The totality of the trial judge‘s findings of fact and conclusions of law on this issue, as set forth in its letter opinion, reads in full as follows:
There is little property involved in this case, and I feel that it is all needed for the support and education of the children. A distribution would involve partition problems as well as a trust for the defendant, who is incapacitated. This process would be cumbersome and non-productive. The request is denied.
In addressing ourselves to the question of grandparental visitation we are aware of the acute sensitivities and sensibilities involved and we are aware that ultimately the best interests of the children must control. In our view,
The trial judge‘s findings and conclusions on the visitation question read in full as follows:
Although
N.J.S. 9:2-7.1 allows visitation by grandparents in a proper case, it is cleаrly not to be granted if nurturing the relationship between the grandparents and grandchildren is to be had at the expense of the children‘s well-being and the family unit in which they live, or would otherwise create psychological conflict in the children. (Mimkon v. Ford, 66 N.J. 426 (1975))In the instant case there is much hostility between the grandparents and the father of the children. (See Transcript of June 23, 1975, pp. 29, 102) There was testimony as to at least оne incident at the children‘s school involving Rabbi Lev and the school principal that caused considerable disruption and disturbed Chava. Additionally, the psychiatrist, Dr. Kaplan, in noting the lack of cooperation between the Levs and plaintiff, and the possibility that the Globman children may be particularly susceptible to stressful situations, did not recommend that the Levs be allowed visitation with their grand-children. (Trаnscript of October 28, 1975, pp. 24, 36) So long as this situation continues, I do not feel that visitation by the Levs would be consonant with the welfare of the children.
Some amplification of these findings by our reference to the proofs is necessary. To begin with, Dr. Kaplan, referred to in the trial judge‘s statement, is a child psychiatrist practicing in Philadelphia, who interviewed Mr. Globman alone twice and observed him interacting with the children for approximately one hour. It was essentially his opinion that the two children and their father presented a strong cohesive family unit; that the children were happy, well adjusted and doing well, and that the hostility between the grandparents and the father contraindicated any collaboration between them in the rearing of the children. We accept this uncontroverted testimоny. We note, however, Dr. Kaplan‘s ready concession on cross-examination of the fact that occasional controlled and supervised visitation of
We are also satisfied that Rabbi Lev has in the past exercised what can at best be regarded as regrettably poor judgment in attempting to estаblish contact between the children, and particularly the younger, and their institutionalized mother. He, in fact, took the younger child to Trenton Psychiatric Hospital to his chaplain‘s office where some visits between the child and the mother, deeply upsetting to the child, were arranged. The obvious inappropriateness of these efforts by Rabbi Lev, to say nothing of their traumatic effect on the children, was supported by the psychiatric testimony. We are also persuaded that the incident at the children‘s school involving Rabbi Lev and the school principal was inappropriate, to say the least. We cannot, however, be insensitive to the frustration and desperation of these grandparents, which obviously has been responsible for these lapses. The family situation is obviously enоrmously difficult for all of these involved adults to cope with.
In our view, the trial judge erred in not balancing these lapses as against the following considerations: first, it was the grandparents who exclusively raised Etta until she was 4 1/2 years old. Her observed happiness, cheerfulness, well-being and successful adjustment observed only six months after she commenced residence with her father cannot but rest on the underlying and fundаmental soundness of her grandparental upbringing and their love, attention and care. We would further point out that during the period when Etta was in their care and Chava lived with her father alone in Philadelphia, it was the grandparents who maintained contact between the sisters by bringing Etta to Philadelphia regularly to visit with her older sister at a baby sitter‘s because the father would not himself, by his own arrangement, partiсipate in these visits. We also point out that the trial judge prudently and tactfully questioned both girls in camera. They both stated their love for their grandparents and Etta particularly stressed the fact that she
The question, then, before us is whether despite the father‘s disapproval, the record below supports the complete denial of grandparental visitation. It does not. Certainly the grandparents’ over-zealousness in wishing to sustain the maternal contact with the children and their other evidences of occasional lack of insightful judgment may well have militated at the time this case was tried against liberal visitation,
As we have said, considerable time has passed since the order of the trial court here appealed from. In ordеr that an appropriate order can now be made, we remand for further hearing at which the parties should be prepared to introduce further proofs as to the present situation of both the children and the involved adults. A new probation investigation should also be made with specific recommendations as to appropriate terms of restricted visitation. The trial judge should then consider visitation subject to such terms and conditions as will best serve the interests of the children.
With respect to the guardian ad litem‘s fee, we note that the fee requested was $1,250. The trial judge did not regard the request as inconsistent with the services rendered. Concluding, however, that it was not “in focus with the financial ability of the father,” he allowed a fee of $250. We agree with the judge that the request was not unreasonable but that the husband‘s financial ability, considering his obligations, dictated a lesser allowance. Nevertheless, in our view, the amount allowed was inadequate under all the circumstances and we modify that portion of the judgment to allow a fee of $750.
The final question before us relates to the admissibility of the full record of Mrs. Globman‘s hospitalizations introduced by Mr. Globman and objected to by the guardian ad litem on the ground of patient and physician‘s privilege. See
The provision of the judgment below awarding a counsel fee to the guardian ad litem is modified in accordance herewith. The provisions of the judgment respecting alimony, equitable distribution and grandparental visitation are reversed and these matters remanded for further proceedings in accordance with this opinion. All other provisions of the judgment are affirmed. We do not retain jurisdiction.