Justice Linda Christopher
The court was asked to determine issues of custody and access in this matrimonial action. Mother and father each sought custody of the two unemancipated minors, both of whom resided exclusively with father since Jan. 4, 2011. Father alleged mother significantly traumatized the children through her emotional and physical abuse of them, while mother argued father alienated the children from her. Therapists testified that forced contact with mother would have a detrimental effect on the children's mental health. An in camera conference with the children revealed they wished to have no contact with mother, except the daughter consented to infrequent texts. The court ruled, based on the evidence and testimony, it was in the children's best interest to award sole legal and residential custody to father, finding based on mother's emotional and physical abuse she would pose a significant risk to their health and safety. It concluded mother's abuse resulted in physical and emotional trauma rising to the level of extraordinary circumstances. Thus, the court ordered mother was to have no contact with the children at their residence, school or extracurricular activities until she admitted her wrongdoings, participated in therapy, and apologized.
