Justice Jeffrey Sunshine
Mother and father filed for reciprocal orders of protection, and for custody of their twin minor children. Mother brought a divorce action for cruel and inhuman treatment, and it was consolidated with the Family Court petitions. One of the twins, GE, was diagnosed with a severe eating disorder. Mother contended father physically and verbally abused her, and exerted emotional and financial control over her. She claimed after she left the marital home, she lived with the twins in a domestic violence shelter for over a year until moving into their own apartment. Testimony revealed there was no evidence of physical abuse, and none of the children witnessed it, but were only told of it by mother. Thus, the order of protection was denied. Further, testimony revealed the twins were alienated from their father, and same was driven by mother’s influence. Yet, the court found removal from the mother would be inappropriate and may cause further harm to them. It noted mother refused to place GE in a residential or day treatment program to assist with the eating disorder. Hence, the court ordered that mother would have custody of the twins, except that father had full decision-making custody relating to any medical or mental health related issue for the children.
