Case Information
*1 J-A29025-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 A.D.W. IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee
v.
L.A.K.
Appellant No. 507 WDA 2016
Appeal from the Order Entered March 11, 2016 In the Court of Common Pleas of Jefferson County Civil Division at No(s): 560 CD 2013 BEFORE: DUBOW, J., MOULTON, J., and MUSMANNO, J.
MEMORANDUM BY MOULTON, J.: FILED DECEMBER 15, 2016
L.A.K. (“Father”) appeals from the March 11, 2016 Order entered in the Jefferson County Court of Common Pleas granting the petitions of A.D.W. (“Mother”) for relocation to California and modification of custody of their child, J.T.W. (“Child”). We affirm.
On July 14, 2014, the trial court denied Mother’s earlier proposed relocation to Hawaii and modified Father’s partial custody schedule. Mother, who had already relocated to Hawaii with Child, appealed. On April 10, 2015, this Court affirmed the trial court’s decision. After Father filed a petition to enforce the custody order, Mother returned to Pennsylvania and immediately filed petitions to modify the custody order and to relocate to San Francisco, California. On March 11, 2016, after hearing testimony over the course of three days, the trial court granted Mother’s petition to relocate. *2 J-A29025-16
The trial court also granted primary physical custody to Mother and partial physical custody and visitation to Father. Father filed a timely notice of appeal.
The trial court ably set forth its factual findings, which we adopt and incorporate herein. See Trial Court’s Findings of Fact, Discussion and Conclusions of Law, 3/11/16, at 1-27 (“Trial Ct. Op.”).
Father raises the following issues on appeal:
I. Did the Trial Court err and/or abuse its discretion in misapplying the facts to the statutory factors under 23 Pa.C.S. Section 5328, resulting in numerous conclusions that are unreasonable under the circumstances as shown by the record?
II. Did the Trial Court err and/or abuse its discretion in that it unreasonably did not give any consideration to mother’s history of contemptuous behavior?
III. Did the Trial Court err and/or abuse its discretion in that it unreasonably did not give any consideration to mother’s history of lodging false accusations against father?
IV. Did the Trial Court err and/or abuse its discretion when it reached inconsistent conclusions, which are not supported by the record?
V. Did the Trial Court err and/or abuse its discretion when it did not require mother to fully meet her burden in determining that the relocation is in the child’s best interest?
VI. Did the Trial Court err and/or abuse its discretion in its application of 23 Pa.C.S. Section 5337(h)?
Father’s Br. at 38-39.
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“Our concern in any custody or relocation matter is the best interest of the child, which considers all factors, on a case-by-case basis, that legitimately affect a child’s physical, intellectual, moral, and spiritual well- being.” S.J.S. v. M.J.S. , 76 A.3d 541, 554 (Pa.Super. 2013). In custody cases, our standard of review is as follows:
In reviewing a custody order, our scope is of the broadest type and our standard is abuse of discretion. We must accept findings of the trial court that are supported by competent evidence of record, as our role does not include making independent factual determinations. In addition, with regard to issues of credibility and weight of the evidence, we must defer to the presiding trial judge who viewed and assessed the witnesses first-hand. However, we are not bound by the trial court’s deductions or inferences from its factual findings. Ultimately, the test is whether the trial court’s conclusions are unreasonable as shown by the evidence of record. We may reject the conclusions of the trial court only if they involve an error of law, or are unreasonable in light of the sustainable findings of the trial court.
C.R.F. v. S.E.F. , 45 A.3d 441, 443 (Pa.Super. 2012) (quoting A.D. v.
M.A.B. , 989 A.2d 32, 35-36 (Pa.Super. 2010)) (internal citations omitted).
This Court has also stated that “the discretion that a trial court employs in custody matters should be accorded the utmost respect, given the special nature of the proceeding and the lasting impact the result will have on the lives of the parties concerned.” Ketterer v. Seifert , 902 A.2d 533, 540 (Pa.Super. 2006) (quoting Jackson v. Beck , 858 A.2d 1250, 1254 (Pa.Super. 2004)). “[T]he knowledge gained by a trial court in observing
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witnesses in a custody proceeding cannot adequately be imparted to an appellate court by a printed record.” Id.
“An abuse of discretion is not merely an error of judgment.” Bulgarelli v. Bulgarelli , 934 A.2d 107, 111 (Pa. Super. 2007) (quoting Arbet v. Arbet , 863 A.2d 34, 39 (Pa.Super. 2004)). A trial court abuses its discretion when it “overrides or misapplies the law, or exercises judgment which is manifestly unreasonable, or the result of partiality, prejudice, bias or ill will.” ABG Promotions v. Parkway Publ’g, Inc. , 834 A.2d 613, 616 (Pa.Super. 2013) ( en banc ).
In his first issue, Father contends that the trial court misapplied the factors in 23 Pa.C.S. § 5328 [1] in reaching its decision. Father’s Br. at 43-44. ____________________________________________
[1] The factors to be considered when determining an award of custody are:
(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child's education, family life and community life.
(5) The availability of extended family.
(Footnote Continued Next Page)
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In particular, Father argues that the trial court misapplied the first factor, “[w]hich party is more likely to encourage and permit frequent and continuing contact between the child and another party.” Id. Father argues that the trial court erred in making the unsubstantiated finding that he would deprive Mother of custody. Id. at 44. Father also argues that the trial court erred in applying the fifth factor, “availability of extended family.” Id. at 43, (Footnote Continued) _______________________
(6) The child's sibling relationships.
(7) The well-reasoned preference of the child, based on the child's maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party's household.
(15) The mental and physical condition of a party or member of a party's household.
(16) Any other relevant factor.
23 Pa.C.S. § 5328.
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45. He maintains that this factor “clearly and importantly favor[ed him].” Id. at 45.
The trial court addressed Father’s first issue in its opinion, applied the relevant factors, and did not abuse its discretion in finding that the factors weighed in favor of Mother. We agree with, and adopt, its reasoning. See Trial Ct. Op. at 25-28.
In his second issue, Father contends that the trial court failed to consider Mother’s “contemptuous behavior.” Father’s Br. at 46. We disagree. Contrary to Father’s assertion, the trial court both considered and thoroughly addressed Mother’s past behavior; we agree with, and adopt, the trial court’s reasoning. See Trial Ct. Op. at 13, 23, 27.
In his third issue, Father contends that the trial court failed to consider Mother’s “history of lodging false accusations against Father.” Father’s Br.
at 47. Here again, the record belies this claim. In its opinion, the trial court did consider and address Mother’s past accusations against Father in reaching its decision; we agree with, and adopt, its reasoning. See Trial Ct.
Op. at 23, 26, 29.
In his fourth issue, Father contends that the trial court’s legal conclusions were unsupported by the record. Father’s Br. at 48. More specifically, Father argues that the trial court did not consider how awarding primary physical custody to Mother would affect the bond between Father and child. The trial court addressed this issue in its opinion, and granted
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Father a level of visitation designed to ensure that the Father-Child bond would not be adversely affected. We agree with, and adopt, the trial court’s reasoning. See Trial Ct. Op. at 26, 28-29; Order of Court, 3/11/16, at 1- 27. [2]
In his fifth and sixth issues, Father contends that the trial court erred in applying the relocation factors. [3] Father’s Br. at 51. Father argues that ____________________________________________
[2] Father also reiterates here his second claim regarding Mother’s unwillingness to follow court orders. Father’s Br. at 51. As discussed above, this Court agrees with the trial court’s reasoning. See Trial Ct. Op. at 13, 23, 27.
[3] The relocation factors are:
(1) The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life.
(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child.
(3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
(4) The child's preference, taking into consideration the age and maturity of the child.
(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
(Footnote Continued Next Page)
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Mother would interfere with his relationship with the child. Id. He also argues that the trial court did not find that any of the section 5337(h) factors favored Mother, with the exception of factors six and seven, and that even those findings were based on assumptions. Id. Father maintains that because of the distance between Pennsylvania and California, his bond with Child will be adversely affected. Id. at 51-52. Father also argues that Mother could have found appropriate employment in Pennsylvania. Id. at 52. Finally, Father contends that Mother did not meet her burden in proving that relocation was in Child’s best interest. Id. at 51.
While cross-country relocation undoubtedly presents significant challenges to all concerned, the trial court addressed Father’s fifth and sixth issues in its opinion, applied the relevant factors, and did not abuse its discretion in finding that relocation was in Child’s best interest. We agree with, and adopt, its reasoning. See Trial Ct. Op. at 6-9, 12-14, 18-22, 24, 25-27, 28-30.
(Footnote Continued) _______________________
(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
(8) The reasons and motivation of each party for seeking or opposing the relocation.
(9) The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party. (10) Any other factor affecting the best interest of the child.
23 Pa.C.S. § 5337(h).
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Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/15/2016
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C i r c u l a t ed 11 / 28 / 2016 10 : 04 A M IN THE COURT .OF COMMON PLEAS OF JEFFERSON COUNTY, PENNSYLVANIA CIVIL DMSJON
- I • I D.W t Plaintiff,
v. No. 560 CD 2013 L.AJ K ' Defendant.
FJNDING OF FACf, DISCUSSION AND CONCLUSION OF LAW . 1. This case began its second trip through. the Jefferson County CoW1 system on June 2, 2015, when, the plaintiff filed a Petition Permit Relocation and modify defendant's schedule of partial custody. This occurred just before a bearing on aPetition to Enforce and Contempt of1his Court's prior Order entered Judge Morgan which had never followed by parties from· the date of its issuance. On October 6. 2015. Father filed an Answer to the Petition Relocate and a CQUAter Motion to M0dify Custody wherein he asked for primary physical custody.
2. A temporary custody order was put into effect and after many .evaluations, ·m~tions and motions, this Court heard testimony on three separate days: October 9, 2015; Januaty 13, 2016; February 2, 2016;.
:t Mother is.A D. W : who resid~s h~ mother and her minor child at
Jefferson County, Pennsylvania 15&40. 4. Father L. A Lancaster County, Pennsylvania K 17501. . w
S. The parties are. the parents of a minor child, ]' T , date of birth July 2013, age two.
6. The parties were before thls Court Senior Judge \Villiain Morgan April May of 2014. and on July 14, 2014, Judge Morgan denied Mother's proposed relocation .Honolulu, Hawaii, and modified the partial custody schedule of Father. Atthe time opinion was issued Mother bad. already moved to Hawaii with the minor child. ~ .
7. On April 1 o. 2015, the Superior Court filed an unpublished Opiniop affirmed the.~ trial court decision regarding Custody and Relocation. After actions filed to enforce the custod order in both Pennsylvania and Hawaii, Mother returned to Pennsylvania and immediarely filed petition to modify custody (to an order she had never followed) and a request to .relocate San Francisco, California.
I '- 8. The first witness called was Michelle L. Strait, who has a professional address of 529 Sunflower Drive, DuBois, Pennsylvania, where she is an LPN at DuBois Pediatrics. She testified as follows: ·
. a. She has been an LPN for five years and worked Dr. Fatula for three years who is the pediatrician for the minor child and she has met both parents inthe doctor's office. ·
b. On Thursday October 8. 2015, in theafternoon, she had an appointment where she was supposed to meet and observe the child while he was getting an immunization.
Wben she went to get the child from the waiting .room, Mother was holding the child with his bead buried in her chest. Father was standing in front of Mother making a scene, saying "'111is is my child ... give me my child!"
c. She indicated that others in the waiting room had moved awayJrom the couple.
d. She described his tone as "very loud" adding "Everyone was scared. I was scared. The tone of hls voice ... no child should have to be put through that"
e. She indicated that all parents in the waiting room had a look of a flat affect; therefore she decided to take the parties into the treatment room as quickly as possible.
f. She indicated that parents and.their significant others are allowed in room as long as it is "ok," She indicated that Mother wanted her boyfriend in the room while Father was a,rguing that he should not be in the room. Motherindicated that she did not want to be alone Father.
g. Mother indicated that herfiance then kft the room.
h. The child did good with his injection being on Mother's lap where he was
more comfortable.
i. She indicated both parents left whiJe she was cleaning. up another co-
worker said they were out by the pop machine.
j. When she went out to lookj she witnessed that Pathet was standing where he blocked back driver's side door of Mother's van, which would not allow Mother and Child to get in. Sbe could see Fatherjumping up down and flipping Mother's nance "the bird."
k. She described the scene as. very emotional stating Father came around the car and got right the fianee'sface, flipping his bird approximately one inch from the fiance' s nose. Once they got the child and :fiance was in the driver's seat. Father put bisbead in the car and flipped offMother's fiam~e again.
l. She thought Father might coming back the office was concerned that might have a gun or knife. m. She described the fiance•s behavior as calm stating "He didn't flinch and didn't argue."
n, She aware someone had called the police so did not call police.
o. She describes every time these parents come in together, Father puts Mother down verbally and tries to talce the child away from her stating "He is loud, disrespectful and rude."
p, She indicated that she bas never seen any evidence of a bond, she has never seen him hold the child and Father is always agitated when he is the office.
q. She indicated that she does not personally know either parent and that she does not know the history of their case.
9. The next witness called was Manessa E. Beal, who.has a professional address of529 Sunflower Drive, DuBois, Pennsylvania, where she is an LPN at DuBois Pediatrics, She testified asfollows:
a. She has been an LPN Penn Highlands DuBois Pediatrics and has worked
with Dr. Fatula for ten years as of December, 2015.
b. She was working the day of the immunization shots and witnessed Father standing in front of Mother holding his arms outto get minor child stating he was "Making a scene the waitjng room." She indicated that Mother's fiWlce, FM ,just shrugged his shoulders. c, Because of the scene Father was making, she thought it was best to get the child -in as soon as possible. ·
d. _She indicated that Father was very loud and demanding screaming "I want my son! I want my son!" When they went the exam room, she heard him saying "I don't want that man back there!' Because of this, she told another associate tp, get security ready. .
e. She saw both parents by the pop and candy machine and.she told her associates not.to close the door so Mother could feel safe and have a place which to retreat.
f. She was also scared of a gun or knife and a return to the office QY Fattier but indicated there was a police officer who walked to ensure everybody's safety before he left.
g. She described the fiance's, FM 's, tone as being calm and he was not saying a word· while Father was jumping and had a very fearful tone his voice.
h. She indicated that the whole office is "on its toes" when they are aware Father c.oming into the office. 10. The next witness called was. Justin K. Lougee who resides at 120 Robinson Street,
DuBois, Pennsylvania. He is the brother-in- law of A. D W and he testified as follows:
a. He has attended several exchangts at the request of his mother-in-law, . bCCA~ 5ho Wil:i wotricd about her WJ.d the child being alone with C W Father at Sheetz. He indicated that he goes to help out the child .
b. lie was present on Thursday, August 13t11, he stated his mother-in-law backed in. told the child "J , good bye, I love you," and han.ded him to Father.
Father's first question was "Where's the child's mother at?" While asking this he was simply holding the child on left arm, He then looked at the car said "This man and this woman. are trying to keep you away from me." He indicated that Father only said two things to him, one "Hello" and the other was asking if he had any clothes.
c. He said~ Father said. ''I want talk to you about my child's mother;" He indicated the tone was loud and stern and very upsetting for everyone. There were many peopfo around and indicated Father asked others join hint
d. He indicates that the minor child just looks ahead with a blank stare whUe his fatber is doing this. Meanwhile, his mother-in-law is upset and bawling. He further
indicates there was no provocation of Father. He indicated he is no longer willing to have exchanges saying "I have a Wife and three kids."
e. From what he saw, his mother-in-law does not try to engage Father; however. Fatherdoestry to engage her.
f. When Father asks about the child's mother or the child, his mother .. in-law
responds "Ask your attorney."
g. J~na.Jso discussed a time he believed to December 13th when he picked up his nephew at the Sheetz in Lancaster, Pennsylvania, accompanying him was his Father, John Lougee. He described that LAK was texting and videotaping and made the two Lougees wait while J1 was crying.
h. He described the child crying as "part of the gig" saying Father makes it difficult during exchanges. He further testified that a two year old would and should be upset at exchanges but Father did nothing to calm the minor child or to help the situation.
11. The next witness ealledwasJulie E. Popson who resides at 501 Grant Street, Reynoldsville, Pennsylvania. She lives with her husband and two children. She is the sister of JustinLougee, She testified as follows:
a. She accompanied maternal grandmother on September 20, 2015, to pick up the child in Lancaster. She indicated that Father was there with his mother who said uoood by~ Max" when the child was leaving the car. When maternal grandmother offered to help the child, he said to her "Want me put my son the car ... I will put my son the car." She indicated 1hat be was screaming at both her and maternal grandmother asking "Who are you ... I need know who you are? ..
b. She indicated that he continued to hold the door open and slapped on the hood of the car stated the following quote "Be good Christian women,"
c. She indicated the following Thursday, she was at Falls Creek Sheetz with maternal grandmother when Father came never acknowledged the child but.open~ his door and flipped maternal grandmother the bird. ·she then indicated there were two motorcycle gµys who Father started screaming at and calling them over and flips maternal grandmother 1he bird again. d. As they called the cops, ·LA.'K was doingjumpingjacks the parking Jot and he then upon receiving.new shoes .for Jr says "You can shove them."
e. Father then started telling the minor child say "Bye Bye Mimi. [0] He got the child agitated. She indicated that her never said anything to his son to calm hinl.
f She indicated they did nothing provoke him or start anything but that he cannot be peaceful.
I 2. The next witness called Christi A. Jarbeck, who resides at 110 Orchard Avenue, Punxsutawney; Pennsylvania. She testified as follows:
a. She is· a nutrition aid who· works at the WIC Office in Punxsutawney and that Mother's first cousin, the maternal grandmother being her mother's sister. b. She accompanied her aunt on a pick up in Lancaster, Pennsylvania, on Sunday, September 131h wherein Father pulled in, brought the child close to the car·aru1 said; very loudly "Son, I am handling this. lam taking care of this. Don't know where your mother *14 is. J have a right to know what my son is doing." She described the situation as very eerie, saying that his tone was authoritative and pushy.
c. She indicated that Father'sbehavior was very upsetting to a two year old. d. She indicated that had afurther horrible.feeling because Father pulled his car in front of maternal grandmother's car so that she could not pull away.
e. She indicated that Father's tone was very threatening and his voice gets louder and louder.
f. Her aunt and the child were visibly shaken Father's tone and behavior. g. She indicated maternal grandmother said and did notbing other 10 take a step back tell Father not to shove the shoes at her.
h. On November 20, 2016, the Lancaster pick up when they were there, \..AK pulled out his phone and said "Smile Chris," to which she responded "You do not have the right to take a picture OT film me."
i. He then told her "So; you testified in Court. Go ahead and testify against me."
He then accused her of'not being divorced.
j. After checking the car scat, J was not buckled in.
k. She admitted that· she still goes to exchanges her aunt although she
indicates she is afraid of LA\<.
13. Next witness called was C "Chris" W , mstemal grandmo1hcr, who lives at, , Pennsylvania, and testified as follows: with her daughter ADW and
a. She lives at her residence in , . She is a widow who assumes the transpOrt responsibility out oi fear for grandson, J: her daughter's safety.
b, She is afraid of father and only put herself in the positien of being alone at one exchange.
c. She tries to encourage the child at every stop saying "You are. going with Daddy for a long ride. You are going to have a good time and get to see other kids and have fun," She tries to keep it simple keep her grandson happy.
d. LA'K started telling her they are notto talk. · e. She recounted at one 1ran.sfer after he put the child in the back car, he came around opened the back door and said ''Where is bis mommy?" He said that over five times then changed that to 1 have the right know What i5, going on my son's life." She said while he was saying this, he would not leave.
f. She indicated that he does not kiss or hug child at exchanges. g. Knowing it is a long ride, she always tries to have someone the back seat the minor child.
h. She indicated bas at times approached the person the back seat and said "Where is bis mommy?" Adding "Do you think 1 don't.know where my son 's mother is." This was to a 14 year old girl who was traveling with the child.
i. She indicated that ADW is afraid of him and if they are together at transports, site will go in the store until he leaves.
j. She indicated that at every pick up Father demands know wbereAS)W is. k, He keeps asking the same questions.
1. She indicates there have been times when he has to buckle the child in the seal the seat not buckled because he is so agitated and animated bis questions. .....
m. She· recounted the time w.ben he flipped. the bird through her window when the motorcycle guys were there, she indicated "Thank Ood J . was looking forward."
n, She said he placed his hands on roof of the car when she told him to take his hands off the car, he said "Go ahead and call the police."
o. She indicated that he is so animated that she can no longer consistently get people go to pickups or drop-offs.
p, She indicated that she has never said anything derogatory about Father but refuses to discuss any issues in front of her grandchild. q. On January 16th, Ms. W testified that since, the last hearing exchanges were getting no easier. She discussed Father taking pictures or recording her or pointing out cameras at Sheetz saying "They arc recording you."
r, At these exchanges, she testified that he told his son that "These are bad people who are keeping you away from me and taking you away."
s. At that visit, he hit the car with his band and told the person who was in the car "You know Chris : is keeping my son from me. You show up again and 1 am going to mace your face." He said this in front of his son, J .
t, On February2nd, she testified the drop offwhich occurred the Thursday before when Father had a little boy him and she asked if the boy if he was going to ride Lancaster. While she was doing this and talkingto the little boys, LAK was saying "She' s not like this . . . She's not like this."
u. The parties had negotiate a separate time to pick. up on· the last MQnday ~ January due to the snowstorm that hit Lancaster. Father viewed this as putting his child in danger when W: had checked out the roads and everything was fine going down to Lancaster.
v. She indicated that at those visits was taking pictures with his cell phone
entire time.
14. The next witness called F M who lives at
Hawaii 96815. l-Ie testified as follows:
a. His date of birth is December 12, 1972, and he is 42 years age. He has no children. b. He Isa consultant got Bachelor of Science Degree in Engineering at UCLA and MBA at University of Hawaii. He is engaged to A 1) W and has been since Mother's Day of this year. c, He indicates in his field he can bill clients up to $30,000.00 a month but it
. has to be the software field which is only hiring New York on the East Coast and/or small market software which is only a WestCoast Enterprise.
d. He indicates if Mother allowed to relocate to San Francisco, he will have no problem finding a good job and providing the child a good education.
e. His parents live Sacramento, California. and they are primary care doctors. When they emigrated from the Philippines, they picked Sac:ramento so he intendsto leave Hawaii andgoto SaaFtanciso; 2014 at his first birthday party when he was
f. He indicates that he met J one of four guests.
g, He believes he has a good relatioilShip with J . He indicated he has many nieces and nephews who are at a young .age, comparable to J' 's; therefore. he *16 has played with the child early to establish his ability to be successful his contacts with the child.
h. He indicated that he knows there is a strong obligation to encourage a healthy relationship between J and his parents and that he does not like conflict.
i. He always likes to keep things nice, productive and positive.
j. He likes to think things 'through ina positive way . . k. He has heardJ /sfather say awful things but FM has held his feelings ·inside.
I, He accompanied ADW to the DuBois pediatrician for J 's first shots and said "It was not good." When they walked into the office. Father grabbed the child's bag of clothes and pulled them away and then started yelling "Can I have my son? Can I hold my son?"
m, FM : indicated that he told him "Just let her register," to which Father responded ••Just stop talking,"
n. From his observation. the child had started to burrow into his mother, but Father kept up the request of giving him his son.
o, FM finally told bim to please sit down and then he said "I'm asking you to sit down. please." To which Father sat down.
p. Toe nurse came out to tell the parents to come back, Father.looked at FM and said "No, you stay here." Mother looked at him and said "Come along." F:M felt the situation W'aS dangerous.
q. After they went back. the shot was done amlnute and they then turned to
leave and ~ pop machine, Father blocked them.
r. FM indicated that they· could talk at Sheetz and he walked out to get into the car wherein Father attempted to stop them from getting into the car. He se.id Father was jumping and dancing and clapping his hands. Father stared straight into FM "s eyes when Father told him "Good luck ladies."
s, FM indicated t1u¢ witnessed most ofthe Skypes Hawaii and Fa1het was very inappropriate from growling to screaming and yelling at Mother Skyping from a toilet.
t He indicated that just put whatevet time they can in order for Fathet to have his Sk:ypes; however, he gets angry especially when the child wants nurse and Father says .. Let me see your boobs .. Let me see him suck on your tits." Adding to that. "I have seen your ~hole. I've seen yoµi:- J>WlsY," Re indicated that they lulVe tape afteJ, tape of thls abusive behavior which hurts FM to watch.
n. He then indicated how they recorded the Skype and identified eight different Skypes which were admitted into evidence and which will be discussedat a later time in this Finding of Fact. Some are audio and some are audio video.
v, He indicated there were five Skypes eaehweek what put into evidence was just a sample of bad times.
w. He lndicated Mother's reaction during the Skypes was try facilitate the communication between Father and child; however, ifhe had to give it a
percentage. be would say that 90% of the Skype would be Father screaming at Mother and 10% reading to J · . Adding, they never finished a book.
x. He said that after the Skypcs, she would be in. a shell and nonresponsive · and it would take him hours to get her react.
y. He indicated that he tried to mediate asking Father to please use this time wisely and make the best of his time with his son.
z. He also indicated that he offered to fly Father to California as he thought it would promote a good relationship and that he is willing to organize a Skype every
evening to benefit the child.
· aa, He indicated that he knows. the Bay area well having worked in Sitcon Valley before. The schools are excellent and the work and living environment are all professionals and he has .a big family that is all very close, bb. He indicated that he has only lived the past five years in Honolulu and before that he lived in Palo Alto.
cc. He testified from what he knows and from what he read in Court documents that the Mother could remain in Hawaii with the child and that they would not in any trouble.
dd. He was aware some offers to have Father to come to Las Vegas or maybe New Orleans but Father never took those offers.
ee, He indicated he ~d mother are both Catholic and were raised in the Catholic faith and he believes religion. He said he has heard Father tell the child that "the Jesus Christ story is bullshit." ff, He indicated he helped Mother file the,PFA against Father in Hawaii and thought it necessary because of the abuse of Skype calls.
gg. He testified that he has been lookiag at Silieo:n Valley~ looking at jobs there
and 8C!'()S$ the country. That is the best spotfor him to go.
hh. The parties are getting married on July .I 6, 2016, at St Joseph's Catholic Church in Elk Grove, IL. It is just a matter of going through the process.
ii. He believes 1hat will live Mountairi.'iliew in the San Francisco Bay Arca and he has a good chance at worldng for Google and they have a great school district
jj. Plaintiffs 'Exhibits 9 through 15 were pictures of parlcs and stores and schools other amenities Mountainview CA in the San Francisco area. kk .. He indicatc.d that St. Jotcpb 's in Mountainvicw has ~. great preschoQl or there is t;he daycare center which .bas great edueetion,
II. 11)e schools are good from preschools through high school.
mm, He diSCUS$ed picking up J from the Lancaster·~ and Father approached car screaming '1 em not band.mg my son over you. I don't care call police." FM indicated be had child Uncle.Justin Lougee the car.
nn. Father said he would not band over bis son because he said "You lied about me Court."
oo. FM decided leave Sheetz, drove about seven.rmnutes stopped and
called A DW. He drove bact to the Sheetz because she called the police.
pp .. He believed LA Kt left but came.back, They were both gone about 30
minutes total.
qq. When he came back, he started the usual questions such as "Tell me Where my son's mother is." Also, he made another statement "My $Dn's name is Max."
JT. He next testified about January 14, 2016, doctor's appointment fora check up thcir2:30meetingatSheetz inFalls Creek. FM indicatedwhenhe palledin, Father parked two spots away. FM got out and started unbuckling the child which Father said "Not No! l'll get my son," and he pushed FM away saying "Move! *18 reminded
Move! Move! Lwam to get my son. It's 2:40. Where have you been?" FM ·him of'thedoctor's appointment.
ss, Father indicated "I want a report of that visit" After which, he grabbed J and walked to the car saying "These people are trying to 'take you away from me." He said that twice followed by "These people are not your friend."
tt, He also explained how he checked on the weather in Lancaster after the big stonn through NOAA and that itwas listed that the roads were safe while Father was saying the road was closed.
uu. He indicated a Skype could be doctoredbut there was no doctoringdone on these Skypes. They were made on third party review and it would be too longand too complex to doctor the Skypes.
vv, He clarified when Father was pushing him was really bumping him with his chest.
15; The next witness called was Rebecca Lynn Getschman-Padua. She is a clinical psychologist from Hawaii who treated and continues to treat Mother. She testified as follows:
a. She is a clinical psychologist who specializes in trauma and abuse in children adolescents. b, She got her degreefrom The Forest Instituteof Professional Psychology ill Honolulu. She graduated 1990 and has been in private practice since 1993 and has spent 35 years treating children, families and adults private clinical work.
c, She has dealt and worked with victims of all forms of abuse. asa patient February of 2015, and feels at the time d, She met A D W, A DW dealing with extreme trauma abuse. She believes this came from J..A \'\ 's Slcype and abusive messages.
e. Her history from patient showed no mental· health concerns and excellent performance college classes she took.
f She established a business relationship with the defendant and reaJizcd the conttolllng signs of abuse, which is why she left I.he house they set up.
g. She indicated that Mother initially brought auditory recordings of the Skype sessions then brought audio and video to her counseling sessions.
h. She found the Skypes "pretty horrifying" stating most conversations
focused on Ms. Wt .
i She eacouraged Mother to have someone else nm the Skype sessions she recommended in getting an attorney and a temporary restraining order.
j. She indiCQted that emotional behavior and social problems can become used by
abusers themselves and are a fonn of abuse.
k, She described Father as being "clearly obsessed" Mother.
1. She indicated on the Skypes, Father addressed J1 as ·~,. which caused her concern showing Father not thinking of the welfare of child confusing child. Father is only thinking himself.
m. She was able make a diagnosis on Mother of post traumatic stress disorder and battered woman syndrome.
n. Part of her COW1.SCling is to empower woman get control of her behavior so the woman does not give up.
o. She indicated she had extreme concerns with the child being very anxious. p. Mother clearly had fear of Father.
q. She has never spoken directly Father or asked him to contact her regarding the treatment.
r, She did not know the legal status of the custody case but she knew Mother did not get the final protection order Hawaii.
s. She indicated that Mother did not show the symptoms she currently shows until two to three months after moving.in Father, this was Mother's self report.
16. The ne>.."t witness called was James Homer who lives at 92 Third Street, FallsCreek, Pennsylvania. He is acquainted with the W . Family. He testified as foJlows:
a. His fiancee was best friends with Maternal Grandmother's deceased husband
growing up and that he lives two blocks from their residence.
b. On December 17i 2015, he was getting air in his tires at the Falls Creek Sheetz and saw Maternal Grandmother getting gas while a man was taking a picture of her with his phone.
c. When Maternal Grandmother got J out, this man pulled the child away and yelled at her. Mr. Homer Identified the man yelling as Father. He said he was not really able to make out what Fathee was saying.
d. He indicated when Maternal Grandmother got her car to leave, Father smacked her car his right hand and. got out of the car as if her window had broken.
e, Father then put the child in the car seat proceeded to leave.
f. This was onlytimehe Witnessed one of the exchanges and he never spoke a police officer regarding it. g. He was positive Father had the child arms while he was smackfug
the windshield of Maternal Grandmother's ear.
17. The next witness called was Gregory Gomati, He has a professional address of 1094 Chestnut Avenue, DuBois, Pennsylvania. H~ is a Sandy Town.ship police officer who testified as follows:
a. He lla:11 been a 1ull tlme Sandy Township Police Officer for six years. b. On December 17, 2015, he was contacted by Chris about an incident at Sheetz wherein she advisedthat her vehicle was struck by the hand of art individual.
c, He requested video from the Sheetz store and explained that the incident occurred at pump two that. had obtained the tapes. d. His testimony basically mirrored whafMr. Homer testified to with the
exception of')'oU can only see right hand pull back but you cannot see it strike car due to the gas pump being the camera view,"
e, He called Father ask him what happenecland said that Father initially denied striking the car but then admitted he struck vehicle this over frustration of not.
being to]d things.
f. Officer Gomati did not bring tapes with him because it was an open
investigation.
to *20 18. The next witness called was Dr. John Gransee. He has a professional address of 313 West Liberty Street, Suite 226. Lancaster, Pennsylvania, where he is a clinical psychologist. He testified as follows:
a. He received a Bachelors and a Masters of Psychology and then received his Ph.D. clinical psychology from Alliance: University and is licensed
Commonwealth of Pennsylvania.
b. He was ordered the Court to perform an evaluation of the parents; grandmothers and significant others, He administered theMMPl.
c. He reviewed the records provided, Faeebook exchanges, text messages, Skypes and performed two interviews, minimum, a third interview for each of the parents, jndicating that much Information was provided primarily coming from Father.
d. He also read through court documents that were provided and bad parent/child observation form from each of them along with a parenting history survey completed by each parent.
e, He observed that the child had a good bond with Father was comfortable with him and seemed to.be well behaved. f The child was comfortable with Mofher and had a good bond and she was
effective with. her interaction but the child pushed the limits a little more with Motlier.
g. He observed Mother engaged breastfeeding during his observation which he found as unusual. Butthen described that the child is ofagewhcreyou cannot
automatical)y say "It's out whack" to do that butmore of a personal choice.
h. He authored a September 6. 2015. wherein he indicated the parents should maintain the status quo arurthat both parents should be involved md.ividual therapy and co-parenting ~nipy.
L He believed that it would be beneficial for both parties to engage in that type of counseling.
j. He did have a conversation with Dr. Padua and listened as explained her findings. He also reviewed the Skype sessions was concerned the serious boundary issues which are apparent from Skype.
k, He further went on explain how Father was attempting engage Mother in conversations that have nothing do with ~ child.
L He WilS also concerned with length of the Skype communications and the age of the child stating that it was difficult to consistently. engage a child for that length of time.
m. lie indicated that although the Skypes were very intense crossed border's, it was not clear that J was highly affcc~d OT paying attention· to them.
n. He further added obviously could be affected and thinks that eventually if it constantly went on child would be affected to detriment.
o. He mdi~ the Skypes show that Father has focused aU of his anger and frustration.
p, He then focused on Father's demonstration of having difficulty boundary issues and Mother's anxiety relating be anywhere near Father. He indicated this could a problem and would need to be addressed tl)rough counseling.
q. He indicated that he was unsure he could say Father obsessed with
Motber; however.he did say it was safe to say that Father exhibited excessive tendencies.
8.54a *21 and used excessive behaviors in these situations. Dr. Gransee also indicated that he has great concern about the boundary issues that Father has,
r, He further indicated that the child would have an emotional reaction to the hostility between the adults.
s. He indicated that the child is relatively comfortable and reacted well with :. He indicated that J was insecure when Mother left the room and that he was FM not yet secure to be with FM alone,
t. He indicated that the child is very close to maternal grandmother and would
ask.for her or his "mommy,"
u Hewas concerned for both parents and how they might beaffecting the child.
Neither parent can claim "good conduct award.';
] 9. The next witness called was A D. W: who lives at·
, Pennsylvania 15840, who testified 115 follows:
a. She is employed by Chanel Incorporated and is asking now to relocate to the San Francisco Bay area of California.
b. Her new offered position is as a retail manager businesses in neighborhood of $7 ,000,000 gross sales which is $2,000,000 more than her previous positio~ in Hawaii.
c, She quit her previous position in Hawaii when she lost her appeal deciding she had no other choice. She called to resign and talked to a vice president who gotback to her wi1h an opportuiiity for employment on main land.
d. The vice president suggested the position sent an offer to her on Jun¢ 2nd. e. She indicated that being a retail manager San Francisco ]3ay still allows her be highly visible with Global Brands flagship stores. and that hopes use this to
work her way into a director's role and a long term position on the East Coast.
f. She indicated that the position last year paid her $117,000.00 In gross wages and that she got $10,000.00 in.rc:locat.ionexpcnscs. g. Her n.ew position pays Ji base salary of $89,655.00 plus bonus of close 25 percent
h. She has no limit on expenses her expense account taking customers and vendors lunch.
I, She has internet phone and office supplies is permitted to work from home for much of thisjob. It does not require as much travel and is more high profile.
j. Her home office would Mountain View. California, and her report to stores would be Palo Alto area, along the Union Square flagship accounts.
k. She has fifteen days paid vacation and holidays.
l. When she moves and gets a car, she will have a vehicle allowance . . m. She indicates the company is very aware that she is involved ·in custody
litigation stating"It's a woman's company" and described CocoCbanelElS an orphan who worked her way up and takes care women. Her vice president has taken care of her many times this "career" with Chanel.
n. She indicated as a person who does not possess a college degree it a very good opportunity and part of this opportunity is having the same vice president all along who keeps m~ing these additional offers and protecting At>W • s job.
... ' *22 o. She indicated that Father has made every effort to get her fired by reporting her as having stolen from the company, indicating that he left a voicemail with the vice president which has been admitted as Plaintiff's Exhibit 21, a cd copy and transcript.
p. She recognizes the voice as LAK · and describes listening to it as "a punch in gut."
q. She indicated that she has been living in Falls Creek, Pennsylvania, but has traveled to San Francisco, California, as required her job but she often takes the red eye flight.
r. She also gets health, dental, eye and life insurance her job which she described as "having greatbenefits," She has a 40l(k) which she contributes up to 10 percent.
s. She indicated that when she was pregnant she had no insurance and she owed bills in the amount of $50,000.00 initially to Penn Highlands.
t, In hertestimony, when describing her son's relationship to Father she said "l want him .to be there with , LA K . ' [1] She was saying this when she indicated that proposed move not to keep the child from Father.
u. When describing her fiance FM . she said ''1 couldn't be luckier ... he is
everything .... everything a woman could want n
v. She indicated that FM set up a college fund for her child, J > and that be and his engineers get together and they are good support for the child as well as her.
w. She further described him as "The best guy the universe" and she is excited to marry him and be part of a large Philippine family.
x. She indicated FM is always looking for a solution to pull emotion out of arguments.
y. He is easy going just a nice guy.
z, She spent a great deal of time talking about the degrading nature of the Skype messages how much Father concentrates on ~ing her rather than paying
attention his son.
aa, She discussed how he tries touch her attbe exchanges and further said that he attempted touch her in the courtroom on October 9.
bb. She said a normal day with her son is spending a lot of time outdoors, doing a lot ofdancing a lot and Jetting his imagination go work with different games.
cc. She indicated since can work from home, she can work heavily when the child is napping or sleeping.
dd. She indicated she believes her child eats very well and healthy but that the child's diet is not good enough for father.
ee. She discussed the area where she planning on moving, calling it very nice, very well educated, very cultured with a sense of community. She indicated that J knows some of the people in neighborhood bas had play dates.
ff. When cross examined, she will many times tell him to contact his attorney, she stated "I always respond to his questions. I never tell him. to shove it as he tells me,"
gg. She gave her reasons why she waited Hawaii while her previous case's
Order proceeded through appeals court.
hh, Her answers were unsatisfactory and Jacked credibility dealing with why· she did not return to Pennsylvania.
ii. She does not feel as though she has ever placed obstacles to custody or
visitation but that Father places obstacles to custody or visitation by raising his voice and the things be has said to her.
jj. She indicated that did notthinkit was a problem to put the child in the Hawaii Life Program, when she indicated the producer told her that rt only required the primary custodian to place the child in the program. She indicatedthat the matter had to be refilmed after · LA K · proclaimed that his child did not have permission be in that program.
kk. She believes that the differences in education the child will receive in Pennsylvania and California are tremendous and that she and FM , are financially secure and able to care for the child.
Il, She indicated the cost of a roundtrip ticket is· around $300 and from Philadelphia to San Francisco, the child would on a plane for 3 hours and 36 minutes, just about the same es he would be in a car Lancaster.
mm. She claims the jobs Father found for her on the int:cmct did not match
her experience or her position she has in California.
19. The next witness called was Detective Ray who has an address of 1$7 West Mitzler Road, Brownstown, Lancaster County. Pennsylvania 17508. She testified as follows:
a. She is a detective the township police where the Sheetz Is.located · in
which the parties exchange custody in Lancaster County.
b. On October 25, 2015, she was called the Sheetz. A man was sitting on the curb holding a child and there were two other males in a car. They were in a custody dispute.
· c. .She indicated. the child would "freak out .. every time Father got near the car and she explained police did not get involved in civil matters and informed people to conteertheir attorney. She described the child as being u.pset and crying.
d. The two men were the Lougee father and son who had come to take the child
backto his mother. Justin Lougee is child's uncle.
ZO. The next witness called Lawrence M. Satifka, who is a licensed psychologist at 200 Pine Street. Suite 400, Williamspo~ Pennsylvania. He testified as follows:
a. He bas been licensed as a Pennsylvania psychologist since 1988. He received Bachelor's Degree from Edinboro University 1980 and received a Master's Degree 1982 Clinical Psychology was licensed four years later following a national exam. He worked under several other psychiatrists including this Court's mediator, Dr.
Allen H. Ryen.
b, The Court ordered him to perform several psychological assessmeats on both Mo~ Father rule out any mental illness which would affect the ability to parent or co-parent. He performed the evaluations and authored the reports that were submitted to the Court.
c. He discussed the dates that Father met him, engaged clinical interviews as well as the MMPU, inkblot drug alcohol use test. He indicated that Father came with a wealth of documents and he reviewed a whole lot of documents suuounding this case.
]4 *24 d. In his practice, he initially does the MMPI 2 and then sends it out to be
computer scored by. Dr. Robert Gordon oftbe Allentown area.
. . e. He explained.the difference ~P. ~aw score between his and Dr. Gransee's testing by 1ht_parenrhaving taken this test a secondt1.n1~.as well as him informing the parent of . the 'potential up and down· nature of.the scales ·:w~n a parent is trying to look better than amt parent actually is. . · : . · ; · . f. He indicated that Father .had. an inflated sense of self-esteem' superficial
. emotions, that he denied his faults. a,np proclaims bis VU1Ues. ·g. He said that alltea clinical scale scores _for both. parents were within normal ranges, although discussed tendencies that both.parents exhibited.
h. He found no problemsof drugs or alcohol'wiih either parent.
i. With regard to the inkblot test, Father had a reflection response which is highly
unusual adults and points to a potential narcissistic view oneself to world.
j. He discussed narcissism from a clinical standpoint calling it a personality disorder of extremely self centered people, their ego conditions that they have little empathy and are grandiose.
k. He said Father had a tendency toward narcissistic traits. 1 .. He· called that a less than optimal way of relating to the world saying that a narcissist can be so hung up on oneself when someone rejects them, it can cause problems. ·
m, For a practical application to the present case, he discussed Father's continual use of name Max for his son, stating that it a nickname. He described this as saying that since Father feels it is better for him, he does not care about the effect it has on bis son.
n, He indicated that each of the problems discussed regarding custody exchanges would not surprise him because of the narcissistic tendencies.
o. He indicated Father scored four of the nine categories necessary to diagnose narcissism but stated he had to score in have five to have a diagnosis.
p. He believed it would be highly difficult for F:a.the:r tq get therapy stating he
would have to take an honest God Iook at himself and admit and want to change.
q. He followed this up by sayiJlg "I like him ... He's intelligent~ sociaJ and
extroverted."
r. Because he has narcissistic tendencies, he believed Father's prognosis is guarded.
s. He indicated regard Mother, she appears naively trusting of others. ·
t, He believes she saw herself as having a history of being unloved and she advised him she had Post Traumatic S~ Disorder.
u. He proposed he believes people can change and be has seen some movement of the parents to make child available but indicated we cannot know everything said "I wish I could be a fly on the wall at the exchanges."
v. He wrapped up saying "These are two kids never should have gotten together. We need piek our partners with more scrutiny than whatisavailableon E bay." [sic .... the Court believes he meant e-harmony],
..... *25 R. K ·. She lives at , 21. The next witness called was S , Lancaster County, Pennsylvania. She is the live-in girlfriend ofFather and she testified as follows:
a. She entered into a relationship with, LA K on August 31, 2014. b. She is 31 years of age and is employed by the Reading Health Systems as a Supervisor of Radiology.
c. She took radiology at Mansfield and gother Bachelor's Degree from Saint
Francis.
d, She moved into the ,l,:4.K .... household on October 3, 2015, her two children I. . R age 7 and L W age 5.
e. She has custody of those children from Thursday to Sunday every week. They get along well with J and they look forward to seeing him.
f When he is at home, he is pleasant and happy; g. She said they do everything as a family. From Lego Lincoln Logs, spend time outside when the weather nice and they are working on reading the Swiss Family Robinson. They associate very well the LAK family.
h. She sees his brothers and other members of his family.
i. She stated they began dating when the child was Hawaii and this was very . hard on Father. He was frustrated and heartbroken. Her telephone or Skype sessions,
although they were quite often, many attempts were to no avail.
j. She was only every there for one of the Skype sessions that were 30 minutes
and it was all appropriate. k. She saw him ask questions to. gain insight child's life. They were not
answered. ·
l. She said Mother's main response his questions were "Talk to your attorney." m. She indicated they all resided at a Bed and Breakfast and they never bad an. unhappy client n, She works Monday through Friday, 1:00 p.m. through 9:00 p.m., so is
available re help with the kids. o. She indicated that the father of her children all of the children's
grandparents live within 45 minutes and they accept J as part of their family. p. She keeps a log exclumges on Sunday hand offs. She goes every
exchange herself but does not expose those exchanges to her children.
q. She indicated problems caused at the exchanges were caused by Mother's family. ·
r. She indicated that Mother was at the exchanges quite often until August s. She indicated that in the October exchange itwas talked about when Justin Lougee and his father came down, child did not want to go with them was hysterical. She also said that the police officer told them there was nothing he could do but that Father the reasonable one Wlth getting child in car.
t. She does not believe Mother keeping J would in his best interest. She believes Mother would take him back to Hawaii and keep Father and his family away from the child.
u. She indicated Father gets upset at the exchanges when there are two people in the car that he does not know they will not talk to him.
v. She discussed the school districts and day cares in the area and said they were good.
w. The child has displayed anxiety by chewing his fingernails all of the way off atthe first.partial custody times. She said he is comfortable the family and does not chew. his nails any more.
x. The child is very happy, incredibly intelligent and has fine motor skills. Sh~ added •'He has a lovely time when be is us,"
y. She said at bis age. she has a pJan for potty training whicb Mother does not. ·· z, Sbe indicated that her marital status is now divorced and she lived in Reading prior to meeting Father. She sold the home in Reading and she pays rent to Father for one llalf ofhis mortgage or $1,150 a month a total of about $1,350,00 per month. She describes that as not a lot of money for the quality in which they live.
aa. She has a profit from the sale of her home she keeps in a bank account and she pays rent from money she gets from work. -
bb. She made a reference FM : bas lied and they plan on prosecuting him. They decided to focus on the custody case first before. they take criminal action. She believes both Mother and FM have broken law.
cc. She indicated that they call child by "Max" which is his nickname and she does not see it as. a problem for the child.
22, The next witness called was Dr. E H who lives at
L, Lancaster County, Pennsylvania He testified as follows: a. He has a Bachelors Degree Biology from Edinboro University !Uld a Master's from Duquesne Cellular Biology and almost had a Ph.D. from Delaware. He then graduated from University of Pennsylvania Dental School 1986 and works as a .deatist, 26 years ago. He has three children of
b. LA\" is bis son, He married N, • K his own: Will. Julian and Brittany and a foster daughter. He said be does not treat any of them any differently.
e. He indicated that Mother's family is welcome in his family and she came to live with them. They opened up their house and their hearts but things have changed and now they arc tI}'ing keep his grandchild away from the. family.
d. As patriarch ofthe family, it put a horrible strain on their compassion. honor; integrity. Their harmony has beendrametically disrup~ the alienation of bis son's parental rights.
e. He believes that Mother is engaged in parental grandparent alienation she puts herself more important than grandson.
f. He indicat«i that while she was pregnant spent endless. weeks sleeping
hospital while her father was ·dying.
g. He indicated they call Jilin Max as a.nickname.
h. He indicated when they first got t() meet him was non responsive, pale, non verbal, non communicative was a "failure to thrive" situation. Now laugbing.andjolly and having fun.
23. the next witness called Nt R who lives at
PA.. She is lhe paternal grandmother of the minor child and the wife of E She H.
testified as follows:
a. She has a Bachelor's Degree Special Education and a Master's Degree in Science. She works withkids with special needs the Lancaster Lebanon Intermediate Unit.
b. She describes her family as being very close and says that J is very comfortable and having a lot of fun with the family.
c. · She describes her son LA K as a consistently wonderful person and one of the most patient people and incredibly loving'. .
d. She described how LA\<.1 helped while her mother was ill and had dementia. e .. She indicated that her entire family is close proximity Manheim, within 25 minutes away. .
f. She inwcaled that since the last court hearing, things have gotten worse as "There have
been tricks played" Mother and her attorney, g. She indicated that at a lot of the exchanges, Mother is aware of what can get a rise out
of L.t\K. . h .. She indicated that they live on a farm, children can tunnel the hay and build dams in the creek and do other things when all of her grandsons come. She indicated that J , loves playing with his cousins.
i. She indicated that the eJementary school isl-3 blocks from their house •. j. She indicated that Father cooks; does laundty and helps the child read and get ready
for bed.
k. She indicated that Father helps the child. speak in sentences, laugh and makes transitions quite smoothly. She believes Father has made an impact on Father being a happy boy and he now bas· no nightmares.
I, She believes that Father has. post traumatic stress disorder since he had go so long without his child that they pray for the W 's every day. She said they love peace and ~~ . . . m. She believes the child has bonded to his mother and maternal grandmother but she
said she has never seen the child running to Mother or teach for Mother or call Mother's: name.
n. She believes Mother keeps child for financial benefits.
o, She believes the only thing ~ would be good for the child would be for .Father to have primary custody, or as she calls it; full CUSk)dy.
p. She believes the child needs consistency and the child wol.ild have more consistency
With Father,
.q, She does not believe a 3-ll~ hour pla11e ride good for the child.
r. ,For the future. hopes Mother will be willing to communicate them. 24, The.next witness called L. A K wholives at Lancaster County, Pennsylvania. He testifi¢d as follows:
,a. HewasbomonMarch ,1977. Hewillbe39yearsold. HebasaBachelorof Science in Business Administration from Clarion University ~d indicates that he has a "street education,"
b. He is the father of J; 1 W born July 2013, who he describes as heillthy and in pretty good shape.
c. He indicated that mentally struggles with the stress of litigation.
d. He complained about the evaluations had te done for the custody case. e, Father has seen some counselors and feels it would benefit him since whol.e custody process has been afrustnrting experience, He said he wants seek the best doctor he .... *28 can because be bas a "compendium" of evidence that Mother is trying to keep him away from his son.
f. He said Mother is constantly adversarial and he is in a position where he just wants
everybody to do what is bestfor his son.
g. He indicated that he did have a DUI charge from his last week of college atClarion which he served in New Jersey and a fine far burning brush but he has no alcohol or narcotics problems.
h, He indicated that he has Judeo Christian beliefs but identified himself as Jewish stating his father's family is Jewish.
· i. He went on to point out Mother had deprived him of~ 76 days and said she held him in a completely negative light J. Father runs a bed and breakfast where he cooks for anywhere from two to six people plus three kids. k, He currently has a cash flow problem because of the custody case stating he has spent upward $100,000.00, which be believes everyone should see how frustrating that to spend money.
1. He then went on say about Mother ''She is still a wonderful person. 1 was engaged to her:' He stated be would not hold anything against her ancJ be would see through these challenges as a father.
m. He indicated his mortgage had been Jate because of the custody at times but indicated he has money pay and he has no bills unpaid along with his child support. n. He said his financial "rockiness bas totally leveled out."
o. He described son's eating habits as being a "grazer" statiDg "be takes a couple of bites then runs," but he feeds him a well balanced, healthy diet is low sodium sugar taking him away from the "pre-diabetic lifestyle" that Mother bas him set up on.
p. He then talked about the child's excrement, he said when he gets them he does not poop for two days but he believes he should do it four to five times a day color changes, describing this as a wonderful mechanism for disposing of waste.
q. He bathes the child. does the 1aundry, saying by running the bed and breakfast, he took the feminine role, doing laundry, ironing taking care of the children.
r. He indicated he would never need daycare because he is at 1he bed and breakfast 1000/o time. s. He described some of'the problems of the exchanges as there being 18 to 20 different h;i.4ividl:141J he does not know as a father and aaid "I am not goins to be pusheid over as a father."
t He indicated 1hat child loves both of his parents and should be with both bis parents a co-parenting situation. He said parents needs to care for their child and not in this court room. He then used a quote be said several times, pointing to himself "This family has unconditional Jove." Then he pointed to Mother and said "That family has conditional love,"
u. He discussed three complaints he had against Penn Highlands pediatricians. one was their intake secretary handed documents to the plaintiff upside down front ofme. One of staff said the plaintiff that she had something for the plaintiff's mother and finally that they 'testified against him. As a side note, throughout-the testimony, many witnesses indicated that Father used the term "You testified against me" as a statement against them. This confirms that Father apparently bolds illfeelings toward anyone Mother called to testify the Trial. Father indicated that currently has an invemigation going 011 agairult Dr. Fatula and his office.
v. Father indicated that when litigation started bis business was a six bedroom and breakfast He has now reduced that to four. He put into evidence pictures anda video ofhis home. lie actually put in pictures ofhimselfand his child at pleasant times.
w. He indicated that he put in the pictures to show his interaction his son stating "He is not afraid. There are no nightmares. There is no crying. [0] He describes himself as being hard worker and said his son "Falls in line."
x, When asked about his insisting on reading to the child over Skype. when the child was a baby, he indicated that it was "The power of speech," If he was not in the room. he wanted to fillthe room with speech.
y. Mother left his residence when she was five months pregnant and he describes that as "That's when all the nonsense started." He further stated that when she left she tried to stay away :from him and keep the child away from him.
z. To describe his family he said be is healthfocused as well as education focused.
aa, He indicates there was no communication from her prior to her moving to Hiwaii and that she was gone from May 29, 2014, to June 4~ 2015.
bb. He also claims that the Skype sessions were sabotaged by her to have white noise and other interference so be could not hear as well had to speak louder,
cc. He also claimed that during the Skype sessions, Mother would not refer to him as Father but rather she would refer to him as "the man in~ video."
dd, He claimed that be empowered himself to use UCCJEA to bring mother back from Hawaii but that he spent thousands of dollars and bad eeuntless sleepless nights.
ee. He claimed that Mother's witnesses' version of his exchange behavior is exaggerated and that he has had good reason each time he has raised his voice, suc::h as not ~O\Ving the individuals and trying to discuss matters with Grandmother. He said Officer Gomati
exaggerated and the officer wilI not retmn his phone calls now.
ff. He indicated that when the child first returned from Hawaii, he had a greasy Mohawk,
was unclean and light skinned gg. · When the report went in that he had not drug and alcohol problems, he went further to claim that ·woman.~ that office who gave him the evaluation q\tlt ber job because was so upset with the way his custody case is going and the. fact that he had to do the test.
hh. He claims he caJls his son Max because it means "the greatest."
u. He then placed into evidence a lot ofjob descriptions that he found for Mother New York and other nearby cities stating that she could get these jobs.
jj. He reiterated that the child has no nightmares when staying at his house, stating that
junk food causes nightmares and is probably why he bas-them at Mother's house.
kk. Itwas pointed out him on Febl'WU'Y 17, 2015. called her 300 times one day texted her 99 times that day. He described that as being part the frustration ofher being
and Hawaii then further stated· "Those were attempts to. start off communication."
ll. He then stated that he did not believe he made my questionable comments front of his son and indicated those comments would be harmful his son. He further stated thathe did make inappropriate comments regarding Mother's breastfeeding. His admittance "Show me a boob. 1 used suck OJl a boob."
mm. He claimed with regard rest of the videos and recordings they were somehow altered or manufactured FM stating "He has the ability to do that,"
nn, . He consistently claims that Mother lies about him and he stated most of communication while in Hawaii was to assist with raising his child and the best interest of his *30 child, He went on from that say that Motlier is consistently shoving candy at and into the kid prior to hand offs.
oo. He describes his child custody exchanges as not being positive experiences but says that a great deal of the problem comes from strangers who do not create a positive atmosphere.
pp. Father said he was seeking primary custody but would give Mother "unlimited visitation" as Jong as it was supervised his home. He then said "She is· welcome in my home anytime."
qq. He indicated that she does not have a whole lot of stability with all ofber moving around and she needs to go in front of or be seen by a professional.
rr, He indicated he• had to scale back his bed and breakfast plans to make room for a whole family.
ss, He again reiterated his constantly being involved in the custody case bas hurt him financially.
tt. Throughout the days of Trial.In many of the videos end questions from his attorney, 'the defendant kept sayfug that all he wanted to do was "co-parent," During bis testimony, several times, the Court as well as ·attorneys asked hiin to define co-parent and he completed his testimony by being completely unable to define ce-parentiag as he saw it
FACTUAL FINDINGS ON THE EXHIBITS NOT DISCUSSED BY WITNESSES
WHICH WERE PLACED INTO EYJDENCE
a Plainti~s number 2 is· the first of a series of CD videos made of Skype calls between Father and Child. Father begins by screaming and dumping the garbage then sits on the floor and appears to be pushing himself up· and down •.. He uses the word "co-parent" several times.
refers to Mother as Ms. W t screams at her "I wimt my child" and "You are my child" and asks her to tell him "He' s your father" and "Tell my child why he's not at Daddy's house today." He also says several times "We are a family. Tell your son we me a frunily." He then threa.tcns her stating she "will lose the child" but is willing give her 50% of the custody if ''you want to co-parent," The video is laced with cursing and inappropriate language.
b, Exln"bitnumber2 begins Father sitting on toil~t where he sits throughout the entire video indicating that "the human body bas waste." He also starts this video calling Mother dumb and stating "you're so dumb you can 'tdo anything," At some point he says "Fuck t and then goes on to proclaim "I'm loud and in charge." Hethen tells her that it is you, A not going to OK and needs to help herself by giving him what he wants.
c, Plaintiff's Exhibit 4, done on May 26, 2015. Father begins while reading adult literary quotes while son plays. He talks about love, then screams at Mother. During the video he talks on phone getting financial advice and lets his son listen to it all. Then screams "Miss .! Are we not a family?" He then tells her call him "daddy' he tells her that is W one of people that gets dicked over in custody cases and both women men get "dicked over." He then goes on say he docs not believe the story that Jesus is the Son of God stating "That story is bullshit." He then tells her that he "likes it fast and likes it good." Then tells her to smash her wedding rings. Finally, as many of these videos, when Father's time up he is screaming at her to not go not to hang up.
d. Plaintiff's Exhibit 5 is an audio only of April 14, 2014. H~ begins this rw;>rding by calling Mother a bitch andthen tells her that he is recording it. Then he tells her .she is a llar several times and says "Fuck you" followed by "Go fuck yourself." He calls her an idiot while discussing the case and the; child can clearly be heard crying in the background. He demands to see Mother breastfeed the minor child saying "1 used to suck.on those boobs."
e. Plaintiffs Exhibit 6, is the longest of the disks being 51 minutes long. He is most quiet on this disk but does ask several times about nursing and whether he can see her nurse.
f. PJanitff 6, was made February 18; 2015~ as an audio disk only and the only disk wherein Mother told Father was in fact recording the proceedings. Although she testified Court that she told bun every time, this fact was the only one where she told him that she was recording. It was a disk which had his usual yelling and series of questions,
g. The next disk 7 made. on May 12, 2015. He begins by telling her that he is going to use his h~ to ruin Mother as well as Toni Cherry's career. He follows th,a1 by stating "I will 'bring you down. 1 will bring Toni Cherry down.'; This tape shows anger the most and is·the loudest of the recordings. He calls Mother a "Motherfucker" boldly declares bas "a constitutional right swear" and he has "a comtitutfonal right to do anything." Mother tried to calm Father stating "Do you want read a book or sing a song to J , it could posiiive ...
Father answers by saying "I can't." Father also accused Mother of theft and further screamed "No!" a minimum oftbirty times while she tried to hang up the Skype while after he had used all of his time. ·
h. PlaintiWs Exhibit 21 is a tape recording of'a voicemail that Father left an Executive of the Chanel Company regarding Mother and how.he wants her tired. Interes1ingly enough the person. who transferred the audio Mother is heard et the beginnjng of the. recording stating "What you're about to bear is a message from a ~hnologioally unastutc person." The message is a long rant Christine Escobar who is an executive at CbaneL He $pCilds many minutes telling her about Court Order and how Mother violated it.
t Defendant'$ Eldubit O was described on the stand by, LA K as a 56 minute · recorded disk of bis- home and family farm. The Court played his disk on its computer for at least two hours. It reran the sarile five minutes of video continuously; It was a pie~ refrigerator, the lA K kitchen contems refrigerator. Then a picture from several ., peanut butter. If there was In facta different angles of Father feeding the minor child, J, .separate 56 minutes on, the disk put into evidence it does not play not contained any other files on the dlsk, · J. Defendant's Exhibit H shows nice pictures of'a happy family.
. . *32 This continually litigious case comes before the Court for the second time in as many years requesting a modification to a custody order that was never followed and a new relocation (this time to San Francisco. California) after a relocaticn that had been denied was contemptuously earned out Mother for a period of 376 days. The litigation in this case has continued
unceasing from the dayofChild's birth through the present.and appears to have no end in sight.
This seems an odd circumstance for what the credible facts would show was a planned
pregnancy, and a plan of some long term commitment between the plaintiff and defendant; as the plaintiff left her job in Denver and not only moved in but signed a mortgage for the defendant's bed and breakfast. · ·
Plaintiff's counsel in cross examination of the defendant and his new girlfriend, S :, tried to paint the defendant as a serial searcher and finder of women who would
K commit to providing him with financial support and allowing him to continue in his position as a stay at home bed and breakfasrowner. A preponderance of the evidence could show that to be true. However, she fails to look at facts that could also show It.is just as likely that her client has been searching for a wealthy husband and the largest pile of cash to find from a marriage F M, being the current.person her sights. How did a planned union -go so wrong1
During her time living with defendant going to bis family farm shortly after her pregnancy, she must have realized the odd, idiosyncratic behavior that both the defendant and his family (that testified in this Trial) exhibit. She ccruunly realized at the very least, their behavior verbose, boisterous outward for everyone to see. S~ must have concluded she did not want to have.these traits nurture her child and commenced seeing this family's regular behavior as abusive. Then- she and her mother began constructing a framework w.here Father could have not have access the child. Mother has now in: her own mind confirmed the behavior as abusive Jmd shows herself as diagnosed post traumatic stress .from this abuse.
The Court is by no means condoning Defendant's behavior OJ' implying that it has not at times been verbally abusive; however, seven Skype calls and recordings out of more than 300 plus Skypes do not an abuser make. One can also accept the defendant's explanation these Skypes were showing frustration and.were taken after Mother violated. this Court's Order in excess of 300 days. The worst of Skypcs occurred after both the Hawaii and Pennsylvania Courtshad ordered the plaintiff to return to PeDQSYlvania ,and still failed to return. The Court needs also align these Skype videos with the fact that from birth untilMother left
Pennsylvania with the child, maternal grandmother would allow the defendant only with child one small room in her house. As Judge Morgan previously found, a set of factors 1hat clearly showed Maternal Gnmdmother was not acceptable for facilitating custody exchanges.
Make no mistake. it was Court Orders and not the ''devaluation of th~ yen" that caused M,other to return from Hawaii. It also this Court's Contempt Order that gave Father significant overnight visits and bonding and nqt Mother's cooperation. But the evidence seems to show she understands and has learned from her previous obdurate behavior.
The Court should not dwell on the past and the past abuses by'Mother and Maternal
Grandmother but should look the present and the evidence that was presented. It remains a concern the exchanges whether-they occur at Sheetz in Falls Creek or Brownstown, ... *33 taking place in the
Pennsylvania, have more contention· and conflict than a prisoner exchange most remote area of.Afghanistan. This is primarily due to Father's insistence on controlling every situation that occurs, The thing thatgets him allfired up is the fact that he controls so.little and has controlled almost nothing since the child's birth.
The key word of control for Father. appears to be "co-parent." When asked directly his.
testimony by what he meant by co-parent, Father was unable to provide a definition. He struggled and sputtered many different things (since that word bad been so overused on his SJ..')'J)e messaging, taped telephone calls and statements during drop off and pick Up) it becatpe apparent that co-parent was not what a normal person would. think. Father believes co-parenting (ifwe arc to look at every time the term came up in the evidence and testimony in this case) means parents discussing almost every breath the child takes during a given day. He wants to know how many bites the child ate, how many bowel movements· the child had and the color of each bowel movement, This is just a sampling of things he puts under the: title "co-parent." When Mother does not show up for a custody exchange, Father immediately insists on knowing where she is. When does show up for a custody exchange, Father immediately starts peppering her with numerous questions on minutia that are exhibited by the three.examples above. When the people do not respond or when Mother does not respond, Father then resorts to saying "she refuses co-parent" Each visit exchange then seems to turn itself into a shouting match or refusaJ. to change custody on the part of the father because ofhis incessant questions.
This Court as well as any professional involved in. the custody field would tell Father there is no couple that co-parentsin a sq:,aration setting which meets his. vision of co-parenting.
Some may think Father is nc;,t aware of surroundings of is not able to control himself; However, when this Court told the parents they should not talk, he immediately decided to invoke that p<>mt when a hundred year storm bit Lancaster, Pennsylvania, versus invoking it at the exchange point. On each of the ~· days of custody trial. the trial began with new witnesses coming forward to discuss a circumstance caused by Father at the custody exchanges.
Even though Ji~ refused to talk to Mother on guise of what he indicated .a court's order at the time the storm, still managed to have new witnesses come forward for his behavior at custody exchanges. It is because of this behavicr and inability to communicate at even the basic level this coupl~ Will do better meeting at airports for only shon periods and having the distance of 3,0_00 miles between them,
Mother has been engaged a lo~g series of counseling. Mother has been going to counseling with at Ieast two dUferent counselors for many years due Father~s obdurate behavior her own seeming inability to stand up to men her life.. She has come. realize her limitations and problems and has began to cope them through counseling. Father experimented by going to three different counselors between the second and third day of the custody trial thougbt'he.might have one "he likes .. " This Court will order counseling so at some point these two parents can talk. Of course, as any couple, any disputt, is at least 20% responsibility ofeacb party and. the other 60% distributed along a continuum. In other words, no argument or dispute a relationship caused solely one party but. it is responsibility of each party dispute at some level. most likely, at a minimum, 200/o. These parties, although they planned on Jiving together and planned OD having a child, it WU not te be. As Lawrence Satilka put it. "These kids should have· never gotten together, you need to have moreinformation than you, tan find on e-bay." (Thi$ CQurt assumes Dr. Satifka meante-
,,.., *34 harmony). These two parents are certainly .a demonstration of the fact.that completely
incompatible people can get into a relationship and have children.
What is the good news this case is beyond all dispute:
I. Although each party exhibits tendencies toward a certain mental diagnoses, neither party has a diagnosable mental illness;
2. Their child is well adjusted and is bonded both parents and gets along fine with each of their significant others he is healthy and well developed;
3. Both parents are working in the field of their choice and with Mother being allowed to move to an area where she can advance and be promoted her professional life will improve and be successful;
4. Both significant others for each party work their chosen field and are successful in
their careers and genuinely care for this minor child;
5. Extended family in either side of1his case are willing to do whatever they can to help
the parents and minor child; ·
6. The child is safe and secure in each parents' residences;
7. Both parties now know a Court Order must befollowed even if an appeal is taken; It is these factors and the parents' individual talents, those of their significant others, that allow for Mother to move long distance custody work As all professionals
evaluating I.his case would point out, neither parent would get an award That being said future should be bright of the child as well as each of the parents,
Finally, this Court will not tolerate abuse of the legal system or appellate process to delay implemeatation.effhis custody order.
FINDINGS or FACT PURSUANT To 23 Pa.;c.s.A.. §5328 ·· Factors 10 Consider When A,rardipg Custody Fectors-. hi ordering any form custody, the court shall determine the best interest of (a) child· by considering all relevant factors, giving weighted consideration to those factors which affect safety of the child, including the following:
( l) Which party more likely encourage and permit (requent and co11tt,iuing
contact between the c:hild and another party? . Neither party is more likely to permit frequent and continuing contact between ehiid and another party unless it is done exactly wery detail on party's terms, Father well made up his custody time Mother took from him by moving to Hawaii when the
'Court last had this case. However, if Father could, would deprive Mother of custody and has clearly presented this belief by bis behavior and testimony. Both have said they would do more for the other parent to have contact. The present and past abuse committed by a party or member of th.e party's
(2) household, whether there i!!I a (ODtinued risk of harm to. the rhild~n or an abused party and which party can better provide adequate ph3'SicaJ.safeguards and supenision oftbe child.
Mother filed temporary PF As Jefferson County, Pennsylvania, and Honolulu, Hawaii, against Father, both ofwh,ich were denied. Father has not physically abused Mother; • however, his. statements and behavior are.overbearing. They were described by Dr.
Padua as "potentially abusive" and. she diagnosed Mother with post traumatic stress disorder. However, this video evidence did not appear to harm the minor child as founded by Dr. Gransee and does not appear to have.affected the minor child, or his development or bonding with either parent.
(2.1) Neither party has had involvement of protective services. The parental duties performed by each pany on beh1df of the child.
(3)
Mother performed all of parental.duties for the minor child from birth until June of 2016 .. The reason sheperfonned virtually all of the duties is because was depriving Father of his custody visitation at time. Since time, each parent performs all of the duties for the minor child when the. child is their custody. The need for stability and continuity in the child's education, tamily Hfe and
(4) communlty Ute. Each party has an equally stable life. Mother moving l,utshe is doing so for work and appears tohave appropriate friends and connections on her move. Father's financial difficulty caused Mother's leaving and litigiousness have come under control (5) The availability of extend~ family.
father has entire extended family as well as his girlfriend's step family within a 45 minute drive of'his house. Mother's family is notin California where she intends to move; however, they all appear to ~lling move wherever Motlier goes, (6) The child's sibling relationships.
The child has no siblings at present If Father marries his current girlfriend, child will have step brothers and sisters and he appears get along with those children.
(7) The wen-reasoned preference of the child, based on the children's maturity and
jndgment ·
NIA as the child not called testify. (8) The attempts a parent to turn the child against the other parent, except cases
of domestic violence where reasonable safety measures are necessary to protect the child from harm.
ss9a '"' *36 Both parents appear to attempt to tum the minor child against the other parent Neither parent holds the otherin a good Hgbt and tpey both appear to want to say bad things about the other parent, Which party is more likely to maintain a loving, stable, consistent and nurturing
(9)
relationship with tht (hild adequ.atefor the child's emotional ne,eds?
Both parents appear, equally likely to maintain a loving, stable, consistent and nurturing relationship with the child as long as it is exclusively 'the child and not involving the other parent.
(10) Which party more likely attend to the daily physical, emotional,
developmen-C.I, educational and ~ecial necda oftbe child?
Both parents appear equally likely to attend the daily physical, emotional,
developmental, education and special needs of the child as long as it is exclusively to the child not involving the other parent,
(l l) The proximity of tbe· residence$ the parties. the proximity of the.residences of the parties is from Lancaster, Pemisylvani~ to San Francisco, Celifomia, The distance between Lancaster, Pennsylvania, and San Francisco,
California is 3,000 miles.
(12) Each party's availability to care f()r the child.or ability to make •PPl'Opriate
child-care arrangements. ·
Both parties are equally able to make appropriate child care; ammgeinents. (13) The level of conflict between the parties and willingness ud ability of the parties
io cooperate one another.
Nei1her party has the ability willingness to want to cooperate the other party; (14) The history of drug or alcohol abuse of a party or member of a party's
household.
There is no history of drug or alcohol abuse by either party or member oftheir household. Tbe msital physical condition of a party or member of a party's household. (J 5)
NIA Any other relevant fac(o,r.
(16) As Dr. Gransee noted, each of these parties fail at each of'the factors to consider for custody; however, childremains well adjusted and as such, both, should have some share of custody.
The other factor which the Court should note fa Mothcr,s intentional Interferencewith custody of the child by keeping the child Hawaii and away from Father, Between the date of the first custody trial and the date some twenty days aft¢r the Pennsylvania Superior Court affirmed the Court's decision rcg~g this allowance of the move to Hawaii. She clearly took advantage of Judge Morgan's initial Order and the appellate process deprive Father of physical custody. ·
FACTORS UNDER 23 Pa.C.S.A. §5337fbl RELOCATION
(1) The nature, quality, extent ofinvolvement and duration of the child's
relation$bip with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in child's life.
The party proposing relocate is Mother who has relocated with the child and has been the primary caretaker of child since birth. If Mother Father lived next door to each other, they would not have any pleasant contact each other. As such, any significant persons in the parties' lives can be aceommodated.
(2) The age, developmental stage. needs of the cbild and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child.
The child is2~3/4 years and appears to be at a normaldevelopmental stage and appears to be· bonded with 'both parents although the. parents do not get along.
(3) The feasibility of p"8erving the relationship between the nonrelocaffng party and the child through suitable custody arrangements, considering tile logistics and financial circumstances the parties.
Mother appears to have financial resources accommodate reguler visitation between Father and the child which will discussed later Orders of Court by deviated from her child support to assist transportation. This child was living against the Court's Orderin Hawaii for almost a year and Father managed to bond the child through Skype.
(4) The child's preferenc~ taking into COD$ideration the age and maturity of the ehild.
The child, because ofhis age, was not called for a preference.
(5) Whether there is an estabUshed pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
Mother did succeed keeping Father from having any physical contactwith the child for 376 days while she was Hawaii against this Court's Order. However, it appears from the facts that Father would just as quickly keep Mother from having any significam contact and thwarting the custody and visitation of Mother.
(6) Whether the relooitioo will enhance the general quality oflife for the party seeldng the reloc:ation~ including, but not limited to, firumcial or emotional benefit or educational opportunity.
Relocation would enhance the general quality of life for Mother, financially, emotionally and educationally,
(7) Whether the relocation will enhance the general quality oflife for the child; iu~]uding, but not limited to, fmancial or emotional benefit or educational
opportunity. ·•·
The relocation would enhance the general quality of life forthe child. The child will have a better financial situation in San Francisco and emotionally Mother would be happy since she is with her fiance, far away from Father, protected by her vice president and the schools in the area are incredible. Further; it would benefit this child to have his parents as.far apart as possible.
(8) The reasons and motivation of each party for seeking or opposing the relocation. It appears Mother is seeking employment the onlyplace that sees fit to hire her due to a prior relationship she has with the Vice President of West Coast Operations for Chanel, Inc. Although.jobs on the East Coast are the same title, she immediately said she is not qualified for those positions. lt is obvious with the evidencein these hearings that the vice president protects her and gives her a great deal of latitude and work. Even going to the extent of continuing bet job offer as this relocation case having drug on. Having a good job a nice location appears be motivation. As far as these parties'
relationship with one another, either of them would do anything to keep the minor child away from the other parent That is the case even though Mother would say things on the standfor example that wants the child to have a relationship with Father.
(9) The present and past abuse eommitted by a party er member of the part)'1& household and whether there a continued risk of harm to the child or an abused party.
There has never been physical abuse either party. While Mother was living Hawaii, the Skype and telephone calls became so strange and abusive mentally that she was diagnosed with posttraumatic stress disorder. Of course recordings that were placed into evidence were seven out of three hundred plus Skypes although extremely rude and strange will surely reflect worst of Father's behavior a bad time. Further, her counseling will allow her to deal Father's strange behavior.
{JO) A .. y other factor aff~ting the best interest of the c:hild. As Dr. Gransee observed, these parents do notget along and both of them do things hurtful to each other which ultimately could hurtful to the minor child; however, despite bad parenting from each parent, the child appears to be well adjusted and bonded with both parents. Because oftheir poor behavior each other, this Court believes that unlike many custody cases, these parents and. the child will benefit from having each parent as far from the other as possible,
Mother. for her part. made a friend and continuing ally of the Vice President of-Operations at Chanel's. West Coast. 'The facts of how this case has progressed jobs in Hawaii and being kepi open in San Francisco and the opportunity for advancement still being present shows that this vice president, for whatever reasons, cares wants to protect Mother. All in all, a move California will benefit Mother and Child and not put Child a situation where he is traveling significantly further time than be is in the current custody arrangement Despite the tortured history of this case and Mother's Maternal Grandmother's continuing quest to deprive Father ofvisitation for the first one and three quarter years of the child's life, child healthy bonded. Also, despite Father's inability to see his limitations and do exactly evezything he should not do at custody exchanges the behavior has not affected the child. The age of electronics, pure genetics or maybe just some unforeseen connection our ancestors and progeny has left this child in a position where he is not harmed but in fact has excelled and fact has bonded with each of his parents. The child has overcome both of his parents' limitations.
This Court puts place an Order which should allow the parties and child, if followed, to excel until this Child's adulthood.
As such, the Court enters following Order.
B73a *40 IN THE COURT OF COMMON PLEAS OF JEFFERSON COUNTY, PENNSYLV ANJA CIVIL DlVISlON .... ·--,_ .... ,..1 -~ ,, ··- ., .. :, ; ! - ~
10,W . - '"·; L\ Plaintiff,
v. No. 560 CD 2013 . ..
K
Defendant.
ORDER OF COURT
AND NOW, this 1 lth day of March, 2016,
IT IS HEREBY ORDERED AND DECREED as follows:
1. Plaintiff, A D. W _ ·. (hereinafter "Motber") and Defendant L. Ai K (hereinafter "Father''), shall have shared legal.custody of the minor child J· T. "w.
date of birth July , 2013 (hereinafter ''Child"). Shared legal custody also defined to include; but not be limited to, the right of'Motber and Father obtain upon request report cards and other relevant infcrmation concerning progress of child school as wellas all medical, psychologist, counselor, school official, or provided of religious instruction concerning the child.
A copy of this Order shall sufficient to enable any school official and any medical,
psychological or counseling provider release infonnation or copies thereof either Mother or Father.
2. Mother Is permitted to relocate with Child to San Francisco, California., rs > 3. Mother shall have primary physical custody of Child subject to Father's partial m ii. physical custody and visitation which shall occur asfollows: a. Beginning March 24. 2016, at 2:30 p.m., Father shall pick up Child keep him· ~ ffi custody until Monday; April 4, 2016. at2:30 p.m. Mother will then pick up child at O e < Sheetz and keep the child in her custody until April i1, 2016, at 2:3'0 p.m, Father will then the child in his custody from April 21, 2016, beginning at 2:'.30 p.111., through May 1 [1] 2016. ext, .. .
Father will have child his custody from May 19,, 2016, beginning at 2:30 p.m., through 29, 2016, at 2:30 p.nt, This schedule will remain in effect for each month thereafter. The
... ,. *41 Thursday occurring on the full third week of the month until the Monday one week distant from the Monday following that Thursday. From March through the July visit, the pick ups and drop offs will occur at the Falls Creek Sheetz and Lancaster Sheetz which have occurred in the past.
However, at JulySl , 2016, pick ups will be Father's responsibility retumthe child appropriate address in San Francisco. California. Father shall return Child 8:00 p.m. Pacific time and Mother shall return Child by 8:00 p.m. Eastern time. Beginning August, 2016, and every other month thereafter, Mother shallprovide transportation for the child and any
accompanying adult to and from San Francisco, California. Beginning in September, 2016, and every other month. Father will provide transportation for the child and any accompanying adult both ways .. If Father does not wish to exercise his custody for the months he. responsible for transportation, he shall advise Mother by first Sunday of that month. This schedule shall progress in that fashion. from July. 2016, until July. 2018. Father shall receive a $150.00 downward deviation from bis child support assist covering travel costs to accommodate Motber's.moveto San Francisco, After July. 2018, no further deviations child support will be permitted as the child will permitted to travel on his own.
4. Beginning when Child enters Kindergarten:
a. Father wiU begin bis period of custody beginning the third Thursday of every month until the follo~g Monday (one weekend a month). In even numbered years, Father will begin his period of custody from the day after Christmas until New Years Day. In odd numbered years, Father will begin his period of custody from beginning ofthe Christmas break through December 29th ofthat year.
b. Father will begin period custody starting the first.Friday of summer vacation until the Friday before school resumes. Mother shall provide Father written notice of the seven day period shewill obtain custody ofChild during his.summer break from school prior to Aprill" of given year.
S. Father shall enroll successfully complete a psychological or mental health counseling program. After bas attended ten sessions a therapist, psychologist or counselor, that professional shall contact Mother's. mental health professionals for the purpose of eventually beginning and successfully completing communication counseling between two of them. Father will have attended ten sessions and have the therapist contact Mother's therapist beginning on or before July 31, 20 J 6.
....
6. When Mother is transporting Child to Lancaster, Pennsylvania. She will make
reservations and Father shall pick up at either the Harrisburg International Airport,
Baltimore/Washington International Thurgood Marshall Airport, or the Philadelphia
International Airport,
7. When Father is transporting Child toMother.he can make arrangements for Child to fly into San Francisco Airport, Oakland International Airport, Norman Y. Mineta San Jose ·International Airport, or Sacramento International Airport. All of those would qualify.
8. The child will need to be accompanied by an adult until July, 2018, when he turns five years of age. He can be accompanied by either parent or any family member, friend or agent that the transporting (paying) parent deems appropriate.
9. When a parent has custody ofCbi1d,. the· other parent shall be entitled to three five minute Skype videos per day. They will occur the time zone where Child is at 8:00 a.m., at l:00 p.m .• at 7:00 p.m .• the prevailing tlme.in time zone on day. The other parent will need to awaken or stay awake to accommodate Child' s schedule. The Skype sessions will be five minutes long and they can be extended up to no longer than ten minutes by the receiving parent if Skype conversation is productive for Child. If the Skype has the content of
Plaintiff's Exhibits 2 through 7, then they should be terminated at five minutes.
10. After July of 2018, there shall no further deviation from Father's child support obligation. That deviation of $1 50.00 will begin in August, 2016~ by separate Order of Court to support number,
11. This Order of Court will begin its implementation on March 24, 2016, and both parties will abide by this Order regardless of whether any appeal is filed. this Court Order will be followed by both parents.
l 2. In the event either party intentionally fails abide this Order Court, law enforcement will take Child immediately relinquish him to the custody of Jefferson County Children and Youth Services for placement into nonfamiJy foster care. ' '
13. Such other times as parties may mutually agree. 14. While the presence of the child, neither party shall, nor shall they permit any other persons to, make any remarks, nor do anything, which can in any way be construed as derogatory or uncomplimentary to the other.
15. This Ordersupersedes any prior Orders in this custody matter and remains effect pending furtherOrder of Court
16; This Court will retain jurisdiction in this matter.
BY THE COURT, C: Toni Cherry, Esquire
Lea Attn Heltzel, Esquire