Opinion
File No. CN13-03678 Petition No. 18-32531
07-09-2019
M K , Petitioner, v. A K , Respondent.
ORDER ON MOTION FOR ATTORNEY'S FEES
Before the Court is the motion of A K ("Mother") for an award of attorney's fees and costs in connection with the petition for modification of custody filed by M K ("Father"). For the reasons set forth below, the motion is DENIED.
The parties entered into a Custody and Visitation Consent Order at mediation on October 2, 2017, providing for joint custody and shared placement of the parties' two children ages 8 and 3. The Consent Order allowed the parties to change the schedule upon mutual agreement. In the absence of an agreement, Father filed a petition to modify custody on October 26, 2018, alleging that the children "require consistency in daily routine and parenting that is lacking with the children's current custodial arrangement." The Court conducted an evidentiary hearing on May 7, 2019, and issued a twelve-page decision ordering joint custody and shared placement of the children with significant detail on the contact schedule for each parent.
Consent Orders are modifiable at any time in the children's best interest under 13 Del.C. §729(a). The Court's May 10, 2019 Order identified each party's position and, while ordering shared placement, does not support the suggestion that Father was responding to a "litigation posture of excessively pursuing issues with little or no merit." The parties now have an order after a full hearing on the merits which should help each of them as their children grow.
Parenting is difficult and litigation makes the job tougher. The parties are encouraged to review the last two sentences of the Order concerning affection, love and respect. The best way to foster these qualities in young children is to exhibit it toward the other parent.
The Motion for Attorney's Fees and Costs is DENIED.
IT IS SO ORDERED.
/s/Michael W. Arrington
MICHAEL W. ARRINGTON
JUDGE Date Issued: 7/9/19 Date Mailed: 7/9/19