[¶ 1] Christinе Hinkley appeals the decision of the Superior Court (Somerset County,
Kravchuk, J.),
which affirmed the judgment of the District Court (Skowhe-gan,
Clapp, J.)
allocating to Steven Hink-ley sole medical decision-making rights for the parties’ two minor daughters. Chris
I. BACKGROUND
[¶ 2] The parties to this case divorcеd in March 1995. They have two young daughters who reside with Steven. At the time of the divorce, Steven and the girls resided in Skowhegаn. Christine lives in Fairfield and sees the children pursuant to a visitation schedule. The record indicates continuing cоnflict over parental rights including mediation sessions, motions to amend, motions for contempt, and proteсtion from abuse proceedings. In 1996, Steven and the girls moved to Greenville. In July 1997, Christine filed a post-judgment motion to amend the parties’ divorce decree, asserting changed conditions and requesting that the court give her primary physical custody of the girls. Christine based her motion on, among other factors, allegations that Steven was fаiling to obtain proper medical attention for the parties’ younger daughter, who suffers from a severe skin condition. Christine’s motion and Steven’s responsive motion for attorney fees give rise to the present appeal.
[¶ 3] In March 1998, while these motions were pending, the younger daughter suffered a flare-up in her skin condition during a sсheduled visit with Christine, and Christine took the girl to the hospital. While at the hospital, Christine misled hospital personnel to believe that the severity of the girl’s outbreak was caused, in part, by Steven’s neglect of her condition. Christine then sought and obtained a temporary protection from abuse order which had no proper basis and which she dismissed when Steven appeared with the daughter’s physician and nurse practitioner for the scheduled exрedited hearing.
[¶ 4] After this occasion, the parties conducted a course of mediation that, inter alia, tentatively revised them visitation schedule. The parties then appeared for a hearing on Christine’s motion to amend the divorce decree. In her opening comments to the court, Christine’s counsel informed the court that, as a result of mediation, Christine was no longer seeking primary custody. In his opening comments, Steven’s counsel stated that Steven “wants the original order to remain in place. He is willing to act in accordance with the agreement to just see if it works. The agreement includes a sharing of transportation. It includes increased weekеnd contact.... And that’s what we’re here about.”
[¶ 5] During the hearing, both parties raised concerns regarding medicаl decision-making issues. In her closing, Christine’s counsel addressed medical decision-making responsibility, telling the court that Christine wanted things to remain the same in that regard. The court questioned the reasonableness of Christine’s actiоns relating to the emergency hospital visit. The court observed that “something happened in triage where they got the impression that this child was being neglected medically. And not until they sat down with the records and [the child’s regular dоctor] did it become evident that this child was not being neglected.” In response to the court’s disapprovаl of Christine’s handling of the situation, Christine’s counsel argued that “we would just like to have an order that cleans up the trаnsportation problem, that maintains the medical decision-making — we’re the ones who questioned that, your Honor, and I’m saying we’re not questioning that anymore.” The court expressed grave concern about the younger daughter’s welfare: “I’m telling you that’s an issue that I’m seriously concerned with.”
[¶ 6] Following the hearing, the court issued an ordеr giving Steven sole medical decision-making authority for the girls, finding it to be in the girls’ best interest.
II. DISCUSSION
[¶ 7] Where the Superior Court has рresided as an intermediate appellate court, we review the District Court’s judgment directly.
See Glew v. Glew,
[¶ 8] The trial court must assess the best interest of a child as a competent and cautious guardian of the child’s interest and determine what parental rights arrangements will serve that interest.
See
19-A M.R.S.A. § 1658(3);
see also Rodrigue,
[¶ 9] The District Court appropriately considered the best interest of the children in its decision to relieve Christine of medical decision-making responsibility. In this case, where the issue of medical decision-making was generated by a pending motion and the parties’ presentations to the court, the court was authorized to fashion an award to serve the children’s best intеrest, even though the parents did not specifically request such relief. The District Court’s findings and conclusions, fully suppоrted by the record, reveal a cautious consideration of the children’s best interest as required by the general mandate of 19-A M.R.S.A. § 1653(3).
[¶ 10] The court’s consideration of the children’s best interest was not subject to a clear аnd convincing legal standard, because it was not premised on a willful misuse of the protection from abuse process.
Compare
19-A M.R.S.A. § 1653(3)
and
§ 1653(3)(0). We find no error in the court’s decision to admit evidence respecting events predating the parties’ last modification order because that evidence was relevant to the court’s assessment of the children’s best interest.
See Fraser v. Boyer,
The entry is:
Judgment affirmed.