Opinion
File No.:CN09-04138 Petition No.:19-20597 Petition No.:19-29978
10-08-2020
Re: C-------- O------ v. D------ R----
C-------- O------
-- S. F------- A------
L-------, -- -----
------------------@gmail.com D------ R----
--- C---------- R---
W----------, -- -----
D------R------@gmail.com Curtis P. Bounds, Esquire
Bayard, P.A.
600 N. King Street
Suite 400
Wilmington, DE 19801
cbounds@bayardlaw.com
LETTER DECISION AND ORDER
Dear: Ms. O------, Mr. R----, and Mr. Bounds,
This Court conducted a virtual, consolidated hearing on July 8, 2020 to address the Petition Rule to Show Cause (19-20597) and the Petition to Modify Visitation (19-29978) both filed by C-------- O------ ("Mother"). Appearing before the Court were: Mother, D------ R---- ("Father"), and Curtis P. Bounds, Esquire ("Mr. Bounds"), the Court-appointed child attorney for A---- R---- ("A----"), born -------- --, ----, and I------- R---- ("I-------"), born A---- --, ---- (collectively "the children"). Both Mother and Father represented themselves. The Court heard testimony from the parties and A---- H-------- ("Ms. H--------"), a licensed clinical social worker that has served as the children's therapist and reunification therapist for the family.
Procedural History
The parties have a long and complex history regarding the children's care and custody, which the Court will summarize the salient facts. Father was awarded sole legal custody and primary residency of the children by Order of this Court on April 12, 2011 ("April 2011 Custody Order"). In that Order, Mother was prohibited from having any visitation with the children in light of her history of failure to comply with custody orders.
Mother filed a Petition to Modify Custody on June 30, 2015. On February 23, 2016, Mother also filed a Motion for a Custody Evaluation by and through her counsel at the time. Both Father and Mr. Bounds opposed Mother's request for a custody evaluation, and the Court issued an Order on April 18, 2016 denying Mother's Motion for lack of good cause. At a teleconference on April 20, 2016, Mother's counsel moved to amend Mother's Petition to Modify Custody to a Petition to Modify Visitation, and the Court granted that request in an Order dated April 28, 2016.
The Court conducted an Interim Visitation Hearing on August 23, 2016. An Interim Order was issued on September 13, 2016 ("Interim Visitation Order"), and the Court denied Mother's request for interim contact with the children but indicated that it would review her mental health treatment progress at a hearing in six months and enter a final decision regarding visitation at that time.
The Court issued a Final Visitation Order on May 8, 2017 and, after a review of the best interest factors and analysis pursuant to 13 Del. C. §728(a), Mother was granted contact with the children which would be supervised and in accordance with Ms. H--------'s protocols. Mother was ordered to continue to comply with professional recommendations for her mental health treatment and to allow Ms. H-------- to communicate with her individual therapist. The Court limited Mother's contact and stated its reason that "[i]n light of Mother's history of custody interference and the resulting trauma to the children in N-- ----, the Court finds that premature, non-therapeutic contact with Mother would be harmful to their emotional wellbeing at this time."
Mother filed a Petition Rule to Show Cause on July 23, 2019. During the November 19, 2019 case management conference, Mother stated that she filed this petition to address her expectations for communication and information related to the children. During the case management conference, Father objected to sharing information about the children with Mother given their past experiences with her. Mother ultimately elected to stay her Petition Rule to Show Cause because she filed a petition for a Modification of Visitation on October 23, 2019. During the case management conference, Mr. Bounds noted that the records he received from Mother's mental health providers appeared incomplete. Mother filed a Motion for Confidentiality on November 7, 2019 to prevent Father and any other party from reviewing her medical records. Mr. Bounds provided a copy of Mother's medical records to the Court for an in camera review to rule on her motion. Mr. Bounds recommended that Ms. H-------- and possibly Father be able to review Mother's mental health records.
Ms. H-------- is the mental health professional working with the children individually and with Mother in her efforts to reunify or reinstate contact with the children. Therefore, Mother's progress in her individual treatment as discussed in the Final Visitation Order, is relevant to Ms. H--------'s goal of reunifying Mother with the children. Father was granted permission to review the records for the purpose of presenting his case in this proceeding, but was restricted from sharing the records with anyone outside of counsel or an expert he may hire for the hearing.
A hearing was scheduled for January 24, 2020 to address Mother's petitions. Ms. H-------- testified regarding her impressions of the children and their progress. She stated her protocols for Mother included completing three sessions individually with Ms. H--------, continuing to engage in her individual counseling, and authorizing Ms. H-------- to communicate with Mother's individual therapist. Ms. H-------- testified that Mother expressed concern in an email to Ms. H-------- on July 20, 2017, that no reunification therapy appointment had been scheduled with her. She replied that Mother had a number of cancelations and no shows for her individual therapy appointments and had not seen her therapist in a month. She encouraged Mother to focus on her individual therapy and then schedule an appointment for reunification therapy. Ms. H-------- testified that she did not have contact with Mother after their exchange in 2017. During the course of the hearing it became apparent that necessary evidence in the form of Mother's talk therapy mental health records were unavailable. Mr. Bounds previously obtained records from Mercy Medical Center which were discussed during the November 19, 2019 case management conference, but found there were gaps in the records he received. Mother stated that she attempted to obtain a copy of her talk therapy mental health records, but struggled to do so because the person she needed to speak to was regularly absent. Mother sent correspondence to Mr. Bounds in December 2019 in which she stated that Mercy Medical Center faxed him all of her records and asked Mr. Bounds to confirm that he received them. However, Mr. Bounds and Mother later realized that these records were incomplete and did not include talk therapy notes.
The parties agreed to reschedule the hearing to allow Mother to obtain her complete mental health records. The Final Visitation Order of May 8, 2017 remained in effect until the rescheduled hearing. The Court reminded Mother of the steps necessary for therapeutic reunification with Ms. H-------- including signing releases to allow Ms. H-------- to speak with Mother's individual mental health providers and to "substantially engage" in her individual mental health treatment. Mr. Bounds was asked to continue to monitor progress pursuant to the Final Visitation Order and submit a written report to the Court.
The instant hearing was scheduled for July 8, 2020 to address the Petition to Modify Visitation and Petition Rule to Show Cause. When asked by the Court, Mother elected to stay the Petition Rule to Show Cause.
The Court notes that the burden in the Petition Rule to Show Cause would be on Mother to prove that Father has not complied with the Final Visitation Order and from the evidence the Court has received, it appears that Mother had the obligation to engage in therapy leading to reunification. Therefore, the Court would not, based on the evidence it has to date, make a finding of contempt against Father. However, the Court will give Mother 15 days to advise if she wishes to have a hearing.
Factual Background
Mother is thirty-five years old and resides in L-------, N-- ---- in a room she has rented in a house. Mother resides by herself. Mother attends N----- Community College full-time working toward her Associates' degree in Applied Science in Paralegal Studies. Mother receives a grant to attend school along with financial aid. She recently learned that the N-- ---- State benefit she has received for the last two years is temporary disability assistance. Mother is disabled based on her mental health. She was evaluated by Mercy Medical Center after her suicide attempt in June 2018.
Father is forty-four years old and resides at --- C---------- R---, W---------, DE with both children. Father is renting his home in a rent to own arrangement. Father is employed part-time, but did not wish to disclose the name of his employer on the record. Father also receives disability income because he has a "dropped foot".
Legal Standard
Under 13 Del. C. § 729(a), "[a]n order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in 13 Del. C. § 728(a)." To make a best interests finding the Court analyzes the factors set forth in 13 Del. C. § 722(a).
Under § 722(a), "[t]he Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:
(1) The wishes of the child's parent or parents as to his or her custody and residential arrangements;
(2) The wishes of the child as to his or her custodian or custodians and residential arrangements;
(3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests;
(4) The child's adjustment to his or her home, school and community;
(5) The mental and physical health of all individuals involved;
(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;
(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and
(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense."
Further, pursuant to 13 Del. C. § 728(a), the Court shall determine a schedule of visitation with the non-residential parent, consistent with the child's best interests and maturity, which is designed to permit and encourage the child to have frequent and meaningful contact with both parents unless the Court finds, after a hearing, that contact of the child with one parent would endanger the child's physical health or significantly impair his or her emotional development. The Court shall specifically state in any order denying or restricting a parent's access to a child the facts and conclusions in support of such a denial or restriction.
§ 722 Factors
(1) The wishes of the child ' s parent or parents as to his or her custody and residential arrangements;
Mother stated that she would like to proceed with "structured" reunification with the children. She would like to be involved in the children's lives and for them to be in hers to establish a healthy relationship. Mother stated that she has grown and she would like to work with Father to co-parent the children together. She stated that she appreciates the work Father has put into raising the children. Mother is concerned that Ms. H-------- is biased and has previously requested a change in counselor. However, when the Court asked Mother about this, she stated that she believes Ms. H-------- can be unbiased. Mother expressed a preference for supervised visitation in a visitation center which she believes will allow the children to have one on one time to build a relationship with Mother away from Father and outside influences.
Father stated that he is concerned about the children having visitation with Mother. He testified that she has not followed the protocol established for visitation, and he is concerned that Mother has issues with her own mental health and is "oblivious" to what the children experienced in the care of her parents. Father stated that Mother kidnapped the children for two years and during that time he came to N-- ---- seeking visitation with them and was unable to spend time with the children. Father stated that Mother left the children with her abusive parents and that maternal grandparents did "some horrible things to them." For these reasons Father does not think that it is in the children's best interests for Mother to be alone with the children until she realizes what the children have experienced.
Ms. H-------- testified that the children are not currently prepared for visitation with Mother. She recommended that Mother continue to participate in individual mental health treatment and gain more awareness of how her actions affected the children, and understand their trauma. The next step would be for Mother to write a letter to each child individually to allow the children to integrate Mother into their lives slowly. Mother should validate how the children feel about her and answer their questions. Ms. H-------- stated that she could help coach Mother on how to write some of this correspondence during their individual conversations. Ms. H-------- emphasized the importance of having someone present when the children read a letter from Mother to allow them to ask questions and share how they feel. The children would then write letters to send in response to Mother. Ms. H-------- stated that after these written exchanges, the next step would be to introduce Mother to the children virtually through Zoom. She stated there would be a six-month goal for a face to face meeting, depending on how the children feel with written and video correspondence. Ms. H-------- stated that supervised visitation in a visitation center would be the ultimate goal.
Mother requested that when the children compose and send their letters to Mother, this take place in Ms. H--------'s office to promote neutrality and reduce opportunities for bias. Ms. H-------- stated that Mother's request could be accommodated because often there are empty offices the children could use during their appointment to have a private writing space.
When asked by the Court, Mother stated that she is willing to work toward Ms. H--------'s recommended plan for reunification with the children.
Father also stated in response to questioning from the Court that he agrees with Ms. H--------'s recommendation, but he would like supervised visitation to take place with Ms. H--------, not in a visitation center. Father believes the visitation center is "dirty" and "gross".
Both parties agreed to follow Ms. H--------'s recommendations; however, they disagree regarding where supervised visitation should occur. Despite Father's concerns about the visitation center facilities, they are an appropriate place for supervised visitation and supported as the location for supervised visitation by Ms. H--------. Therefore, this factor supports limiting Mother's contact to a therapeutic setting at this time.
(2) The wishes of the child as to his or her custodian or custodians and residential arrangements;
Neither party requested that the Court interview A---- and I-------, thirteen and eleven years old, respectively, to determine their wishes on visitation with Mother.
Father stated that the children have knowledge of Mother, but they "never" ask questions about her. Father stated generally that I------- needs a mother.
Ms. H-------- testified and wrote in her report that when she has asked the children about Mother they did not want to speak with her.
Ms. H--------'s report was entered without objection as Child Attorney's Exhibit #1.
Because the children have not expressed a desire to have visitation with Mother, this factor favors Father's position.
(3) The interaction and interrelationship of the child with his or her parents , grandparents , siblings , persons cohabiting in the relationship of husband and wife with a parent of the child , any other residents of the household or persons who may significantly affect the child ' s best interests;
Mother stated that the children have not seen her since 2013. She testified that she sent a birthday card with an Amazon gift card three years ago, but Father said he did not receive it. Mother attempted no further communication with the children. Mother stated that there was a period of time several years ago when she was restricted from contact with the children because of Court related issues.
Father has been the children's primary caretaker since 2013. He stated that he can be strict about their electronic device use and media exposure, but testified that he is a good dad and does his best. He expressed concern about the relationship between the children and Mother given her lack of communication with them and their history with Mother and maternal grandparents.
Father testified that he has not spoken ill of Mother to the children. He said that when Mother comes up in conversation, he tells the children "your mother made mistakes". Father stated that the children have asked why Mother has not sent cards for their birthdays or holidays and asked why she disappeared from their lives. Father informed the children that an order in 2017 allowed Mother to see them. Months passed and I------- asked what happened with Mother, and Father said he did not know. When asked by Mother if he informed Mr. Bounds of I-------'s question, Father stated that he did not think it was his responsibility to inform Mr. Bounds.
Ms. H-------- expressed concern regarding Mother's relationship with the children because she believes Mother lacks insight into how her actions have affected them. She stated in her report that "(Mother's) perception and reality of past events in her life and the lives of the children do not connect. This being said, it appears her perception is her reality." Ms. H-------- communicated with Mother's individual therapist, as per the Final Visitation Order protocol, and testified that she would have liked to see insight related to the children reflected in Mother's therapy notes. Ms. H-------- testified that Mother's therapist was told by Mother that Father knew where the children were when Mother took them to N- - ----, and that he had the ability to contact them on the phone, which Ms. H-------- stated "did not seem to match what actually happened." She stated that Mother applies a revisionist history when confronted with specific issues. Ms. H-------- gave the example of the incident in which there was a physical altercation at Father's home when Mother came to see the children with maternal grandparents. Mother's therapist was told that Mother was attacked from behind walking back to her car, but without the context of what else occurred leading up to the attack. Ms. H-------- wrote in her report to the Court that Mother "minimalized her involvement with this issue." Ms. H-------- stated that Mother told her that it was maternal grandmother's idea to go to the Father's home, and while Mother may not have been the only one responsible, she failed to assume responsibility for her part in what happened.
Id.
Id.
Ms. H-------- stated that she does not believe the children are presently prepared to have visitation with Mother at the visitation center. She believes an important step for visitation is the children communicating their feelings in writing, and Ms. H-------- would like to determine how the children feel following communication with Mother. The children have told Ms. H-------- they wish to ask Mother why she left them with maternal grandparents, and why they have not received a card for their birthdays or holidays. Ms. H-------- believes Mother could have sent cards on birthdays or holidays to have some connection with the children and that communication is important to children and affects how they feel about Mother. Ms. H-------- stated that she would like the children and Mother to discuss what happened and have Mother demonstrate responsibility for what the children experienced. She stated that there must be an understanding of the children's perspective of what happened. Ms. H-------- testified that this insight is the foundation for Mother's involvement with the children. Ms. H-------- believes that Mother's insight can be developed with writing letters to the children and continued engagement in her individual therapy. Ms. H-------- indicated that when Mother's therapist was asked about Mother's "insight into her responsibility for her actions with the children," the therapist responded that she was "just now beginning to show limited insight".
Id.
In the prior hearing on January 24, 2020, and during the Final Visitation Hearing, Ms. H-------- testified regarding a credible disclosure of physical and sexual abuse made by the children in one of her sessions. Ms. H-------- referred the children to the Division of Family Services ("DFS") to investigate. The children were interviewed at -.-. ------ Children's Hospital and Ms. H-------- testified that she was informed by DFS that they suspected the abuse was perpetrated by an individual in N-- ----.
As noted in the Interim Visitation Order and Final Visitation Order, Delaware DFS was unable to complete any further investigation because the suspected abuse occurred in N-- ---- State.
In this hearing Ms. H-------- discussed an incident between the children and the maternal grandparents that re-traumatized the children. According to Mother, while in Delaware to meet with a private investigator, maternal grandmother encouraged Mother to go to Father's home to see the children. When they arrived at Father's home, maternal grandfather began calling out the children's names which they could hear from inside Father's home. Maternal grandparents, Father, and Father's then girlfriend were present and a physical altercation ensued in which Mother was attacked. Mother was hospitalized with injuries from this altercation and charges, which were later dismissed, were filed by the police. Ms. H-------- testified that the children were re-traumatized by this incident, and included in her report that this was "evident by their withdrawal and fear of being 'taken'."
Child Attorney's Exhibit #1.
Father stated that he has received emotional support from his family while raising the children. The children have a relationship with his mother, sister, Aunt A----, and his brother, G---. Father described them as "family oriented".
The children have experienced trauma related to suspected abuse disclosed to Ms. H-------- and the re-traumatizing experience detailed by Ms. H-------- with Mother and maternal grandparents. They currently do not have a relationship with Mother as she has not communicated with them in several years. Ms. H-------- expressed concern related to Mother's lack of insight which she believes requires continued engagement in individual therapy and therapeutic reunification with the children. Based upon the children's lack of contact with Mother and concerns related to their relationship with Mother and maternal grandparents, the Court finds that this factor supports Ms. H--------'s recommendation to limit Mother's contact to a therapeutic setting.
(4) The child ' s adjustment to his or her home , school and community;
Father stated that the children are well adjusted to their home with him. They have a "typical sibling rivalry" and the children are close in age. They currently share a bedroom, but that will change soon because they are getting older. He said the children have straight A's in school. A---- is entering --- grade and I------- is entering --- grade in the fall, and Father was able to school choice both children into --- C------- School of the A---.
The children have adjusted to their home, school, and community, and applying the recommendation of progressive reunification in a therapeutic setting which considers their feelings would avoid impairment to their well- being. Therefore, this factor supports therapeutic contact in accordance with Ms. H--------'s protocols.
(5) The mental and physical health of all individuals involved;
The children have seen Ms. H-------- for individual counseling for approximately seven years. The children have individual sessions with Ms. H-------- once a week. They occasionally see her together without Father present. Father stated that the children can speak with Ms. H-------- whenever they want without influence from him or his presence in their sessions. The children also see Dr. C--------- D--- for psychiatric services. A---- has been prescribed Vyvanse to address his ADD diagnosis.
Mother has been diagnosed with bipolar disorder, post-traumatic stress disorder, and anxiety. Mother continues to visit M---- B--------- H----- in G------ C---, N-- ---- where she engages in counseling with V------- C----. She recently increased the frequency of her appointments from twice a month to once a week to address the stress of remote learning. Mother's psychiatrist is Dr. M-----, and she has been prescribed Wellbutrin, Topamax, and Trazadone for sleep. She also takes Linzess for intestinal issues and an antihistamine.
Ms. H-------- stated that she communicated with Mother's therapist in N-- ---- to review the therapy notes and obtain an understanding of the work Mother has done in counseling. The N-- ---- therapist and behavioral health organization were initially reluctant to speak with Ms. H-------- and requested questions in writing. There was some difficulty trying to connect and obtain information related to Mother. Eventually Ms. H-------- was able to initiate some dialogue and make her assessment related to Mother's insight with the children. Ms. H-------- testified that Mother was hospitalized after a suicide attempt and continued with outpatient therapy. Ms. H-------- noted that much of the work being done in therapy was focused on Mother's issues and not issues related to the children.
Ms. H-------- met with Mother three times, twice for sessions to discuss the work she is doing with her therapist. Ms. H-------- stated that her role is not to replace Mother's therapist, but to communicate with Mother as she continues to engage in individual therapy. She noted that Mother has a good relationship with her therapist.
Father stated that he has physical health concerns related to his "drop foot", and he has nerve damage in his leg resulting from a surgery. He has been prescribed Lyrica to address the nerve damage, and a cholesterol medication. Father takes no other medication and is otherwise in good health. He was diagnosed with post-traumatic stress disorder following a mental health evaluation in 2014. Father testified that he occasionally engages in individual therapy with Ms. H--------.
Mother expressed concern that Father has an individual therapeutic relationship with Ms. H-------- which, she believes, presents a conflict of interest. Mr. Bounds stated he does not believe there is any bias, but if a different therapist were necessary there would not be reunification therapy because neither party can pay for a different therapist. He indicated that the children have an established relationship over the past seven years with Ms. H-------- and changing their therapist would ultimately delay the reunification process.
Ms. H-------- had been excused from the hearing after her testimony and was unable to give her opinion regarding whether this arrangement presents a conflict of interest.
Father stated that he has seen other therapists and is willing to change to a different individual therapist to resolve Mother's concerns about bias. Mother stated that she understood the financial constraints related to finding another therapist to address her perceived conflict with Ms. H--------, and would be satisfied if Father saw a different individual therapist.
Although Ms. H-------- expressed concerns regarding Mother's insight as it relates to the children, Mother is engaged in treatment, and has complied with requests from Ms. H--------. Therefore, this factor supports continued therapeutic contact with the children.
(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;
Pursuant to 13 Del. C. § 701, parents are responsible for the support, care, nurture, welfare, and education of their children, even without the entry of a Court Order. The children have not seen Mother since 2013 despite the Court Order permitting reunification therapeutically in May 2017. Father has been the sole caretaker for the children since they were returned to his care. Father testified that he has provided for the children to the best of his ability by relying on family for emotional support. Father sent a letter to Mother May 30, 2020 after he was advised to do so by Ms. H--------. The letter provided some information about the children including a few of their hobbies.
Mother stated that she provided for the children when they were babies and she would like to provide for them by obtaining a good job when she finishes school.
Mother testified that she has paid some child support and had wages garnished from her paychecks. Her coronavirus stimulus money was garnished which she hopes will go to the children. Mother stated that her passport and license are suspended which has made her feel "frozen". She expressed concern that she would not be able to visit the children in person because of the license suspension by the State of Delaware. At this time, Mother owes child support and filed a Petition to Modify Child Support and a Petition to Reset Arrears.
Mother's Petition to Modify Child Support is awaiting review by the Delaware Supreme Court and the Petition to Reset Arrears has been stayed until a final decision is entered by the Supreme Court.
Ms. H-------- stated that she believes that Mother is in denial as to the children's need for support or her ability to afford it when she can attend school. Ms. H-------- wrote in her report that she "commends Mother for her educational goal", but she believes that the children may perceive the non-payment of support as a "slight to them". Ms. H-------- believes there is further denial by Mother of the impact on the children by not paying child support.
Father has complied with his rights and responsibilities to the children under this title, therefore this factor favors Mother's continued participation in therapeutic and supervised visitation.
(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and
Mother stated that there have been no domestic violence concerns after those detailed in the Final Visitation order.
Father testified that there are no domestic violence issues in his life.
This factor does not favor either party.
(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.
Mother testified that she is on probation related to an incident two years ago in which she was in the "wrong place at the wrong time". Mother was with someone caught shoplifting cosmetics. Mother pled to misdemeanor theft and stated that she would complete probation in either July 2020 or July 2021.
Father stated that he has a prior conviction for third degree burglary, non-violent, in 1997 and a violation of probation in 1998 which is noted in the Final Visitation Order, but has not had any new criminal activity.
This factor does not favor either party.
Conclusion
Based upon the evidence presented, the Court finds that it is in the children's best interest to continue visitation with Mother pursuant to the therapeutic protocol detailed by Ms. H-------- above. Factors (1), (3), (4), (5), and (6) support continuing the process of therapeutic reunification with Ms. H-------- and factor (7) and (8) are neutral. Although, factor (2) supports Father's position, both Mother and Father consented on the record to comply with Ms. H--------'s protocol for progressive therapeutic reunification and supervised visitation. Father's only reservation was the location of supervised visitation which the Court does not view as a meritorious objection to the visitation center.
Ms. H-------- is Licensed Clinical Social Worker that has had a relationship with the children for seven years and continues to see them weekly. She has developed a protocol for visitation which considers the trauma the children have experienced and their current relationship with Mother. Visitation according to Ms. H--------'s protocol satisfies the statutory requirement of 13 Del. C. § 728(a), which mandates that the court shall establish a visitation schedule "consistent with the child's best interests and maturity, which is designed to permit and encourage the child to have frequent and meaningful contact with both parents unless the Court finds, after a hearing, that contact of the child with one parent would endanger the child's physical health or significantly impair his or her emotional development." Ms. H-------- stated that the children are not prepared for supervised visitation with Mother in part because they have not seen or had contact with her in seven years. She believes Mother's introduction into their lives should occur gradually with external support to gauge the children's feelings as they interact with Mother. Ms. H-------- testified regarding the need for Mother to gain insight into the children's experiences and for the children to be able to ask her questions. This protocol allows for Mother to have some contact immediately, but restricts supervised visitation with Mother until Ms. H-------- believes visitation will not cause harm to the emotional well-being of the children.
Ms. H-------- recommended that Mother write individual letters to be sent in the mail introducing herself to each child. Ms. H-------- offered to speak with Mother about the content of these letters. Ms. H-------- stated that the children would then have the ability to read and reflect on the letter from Mother and write their responses privately from her office. If the children are doing well, Ms. H-------- stated that she could facilitate virtual contact with Mother. Ms. H-------- set a goal for Mother and the children to work toward supervised visitation in a visitation center in six months. Mr. Bounds stated that the burden is on Mother to comply with these protocols and encouraged her efforts toward reunification rather than perceived bias.
Ms. H-------- has an established relationship with the involved parties, she has an understanding of the children's behavior, and is willing to continue to provide individual counseling for the children, and reunification services for Mother. Although Mother raised concerns related to a conflict of interest because Ms. H-------- has provided individual counseling to Father, the relationship Ms. H-------- has established with the children strongly supports her continued involvement with reunification, and Ms. H-------- was not given the opportunity to state whether this issue presents a professional conflict in her practice. During the hearing, Mother asked Ms. H-------- if she could be non-judgmental and Ms. H-------- testified that she could work with Mother and the children non-judgmentally. Both Mother and Father, when asked by the Court, agreed to Ms. H--------'s plan for reunification and supported her continued work with the family. The Court is satisfied that Ms. H-------- can provide continued therapeutic reunification.
The Court notes that Mother stated on the record that she was satisfied with retaining Ms. H-------- for reunification purposes because Father agreed to see a different individual therapist.
D.F. v. A.D., WL 1057979, at *16 (Del. Fam. Ct. Feb. 25, 2019) ("Father and Mother shall utilize the same reunification counselor with regard to their therapy sessions with Children going forward, unless the counselor determines that to do so would present a professional conflict of interest.") --------
Based upon the above factual analysis and the recommendations of Ms. H--------, the Court finds that it is in the children's best interests for Mother's contact to continue to be implemented in a therapeutic setting. Therapeutic contact shall begin promptly and shall progress in accordance with Ms. H--------'s protocols, which are outlined in this Order. Mother shall also continue to comply with professional recommendations for her own mental health treatment and shall execute any necessary consent for Ms. H-------- to communicate with her individual therapist. IT IS SO ORDERED.
ORDER
IT IS HEREBY ORDERED this 8th day of October, 2020 that:
1. Mother will continue to engage in supervised and therapeutic contact with the children relying upon the protocols established by Ms. A---- H--------, unless Ms. H-------- determines that to do so would present a professional conflict of interest. Mother's contact with the children shall begin promptly in the form of letter writing and progress, at Ms. H--------'s discretion, to virtual and in person reunification with the ultimate goal of supervised visitation in a visitation center with Mother. The frequency of therapeutic and non-therapeutic supervised visitation shall occur at the discretion of Ms. H--------.
2. Mother shall continue to engage in her individual mental health treatment and comply with professional recommendations. Mother shall complete any
necessary consent for Ms. H-------- to communicate with her individual therapist.
3. This is a FINAL ORDER entered after a full hearing on the merits, any future modifications thereof shall be made pursuant to 13 Del. C. §729(c).
4. With regard to Mother's Petition Rule to Show Cause, Mother will have fifteen (15) days from the date of this order to inform the Court whether she wishes to pursue her petition. If Mother does not communicate with the Court, her petition will be DISMISSED fifteen days from the date of this Order.
IT IS SO ORDERED.
Very truly yours,
/s/
MICHAEL K. NEWELL, Chief Judge MKN/ceg Date emailed: 10/8/2020