Adoption by Kathleen C.

2026 ME 14
CourtSupreme Judicial Court of Maine
DecidedFebruary 19, 2026
DocketSom-25-258
StatusPublished
AuthorDOUGLAS, J.

This text of 2026 ME 14 (Adoption by Kathleen C.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption by Kathleen C., 2026 ME 14 (Me. 2026).

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2026 ME 14 Docket: Som-25-258 Argued: December 10, 2025 Decided: February 19, 2026

Panel: STANFILL, C.J., and MEAD, CONNORS, LAWRENCE, and DOUGLAS, JJ.

ADOPTION BY KATHLEEN C.

DOUGLAS, J.

[¶1] In parallel adoption proceedings concerning a child who was the

subject of a pending protective custody matter, the District Court (Skowhegan,

Benson, J.) entered final judgments on January 31, 2024, denying a petition for

adoption filed by Kathleen C. and her husband Thomas C.,1 resource parents of

the child at the time, and granting the competing petition filed by another

couple. Petitioners appealed the judgments and we affirmed, concluding that

“the court did not clearly err or abuse its discretion in finding that adoption by

the other party petitioning for adoption is in the child’s best interest.” Adoption

by Kathleen C., Mem-24-86, (July 9, 2024).

[¶2] Nearly one year later, on January 28, 2025, Petitioners filed three

motions in the trial court—a motion for contempt, a motion to enforce, and a

1 Consistent with the trial court’s orders, we refer to Kathleen C. and Thomas C. collectively as “Petitioners.” 2

motion under M.R. Civ. P. 60(b) for relief from the January 31, 2024, judgments.

The Rule 60(b) motion, which was captioned “Motion for Relief from Judgment

M.R. Civ. P. 60(B) [sic] and (Alternatively) Motion for New Trial,” asserted that

the adoptive parents had fraudulently misrepresented the nature of their

relationship and that this misrepresentation was material to the court’s

findings and ultimate judgment. The court (Bristol, J.)2 denied the motions with

prejudice in a summary February 28, 2025, order.3

[¶3] Petitioners then moved for reconsideration of the denial of their

Rule 60(b) motion and moved further for amended or additional findings of fact

and conclusions of law. In a May 8, 2025, order, the court denied the motion to

reconsider, declined Petitioners’ request to conduct an evidentiary hearing, and

ordered Petitioners to pay the adoptive parents’ attorney fees and costs

associated with responding to the post-appeal motions.4 Petitioners timely

appealed.

2The judge who presided over the adoption proceeding subsequently recused himself from the case and has since resigned.

3 The denial of the motion for contempt and the motion to enforce are not before us in this appeal.

4 The court granted in part and denied in part Petitioners’ motion for amended or additional �indings of fact and conclusions of law, thereby providing in its May 8 order a more comprehensive explanation for its denial of the Rule 60(b) motion than in its February 28 order. We note that motions for �indings of fact under M.R. Civ. P. 52 are not appropriate when no evidentiary hearing has occurred. See In re Children of Kacee S., 2021 ME 36, ¶ 10 n.4, 253 A.3d 1063 (“The court did not take evidence in connection with its denial of the M.R. Civ. P. 60(b) motion, so the M.R. Civ. P. 52(b) motion was not appropriate.”). 3

[¶4] Petitioners contend on appeal that the adoptive parents are not—

and were not at the time of trial—in a “committed, stable relationship with

plans to marry in the near future” and, because the trial court conflated the

requirements of M.R. Civ. P. 60(b)(2) and 60(b)(3) in analyzing their motion, it

“fail[ed] to consider the post-judgment facts presented by [Petitioners], which

strongly corroborated pre-judgment evidence of fraud.” In other words, they

maintain that the facts they presented by way of verified motion and supporting

affidavits and exhibits, viewed in toto, were sufficient “to establish [the

adoptive parents’] fraud upon the court during the adoption proceedings.”

[¶5] We review for an abuse of discretion the denial of a M.R. Civ. P. 60(b)

motion for relief from judgment. Chatfield v. Est. of Chatfield, 2025 ME 69, ¶ 7,

340 A.3d 126; see also Wooldridge v. Wooldridge, 2008 ME 11, ¶ 7, 940 A.2d

1082. In determining whether there has been an abuse of discretion, our

inquiry focuses upon whether (1) the court’s factual findings, if any, are

supported by the record; (2) the court correctly understood and applied the

law; and (3) the court’s ultimate determination was within the bounds of

reasonableness. See Chatfield, 2025 ME 69, ¶ 7, 340 A.3d 126; McAllister v.

McAllister, 2011 ME 69, ¶ 11, 21 A.3d 1010. The moving party bears the burden

of generating sufficient evidence in support of the motion, and on appeal we

vacate findings adverse to the party with the burden of proof “only if the record 4

compels a contrary conclusion.” Chatfield, 2025 ME 69, ¶ 7, 340 A.3d 126;

Haskell v. Haskell, 2017 ME 91, ¶ 12, 160 A.3d 1176.

[¶6] The primary thrust of Petitioners’ motion for relief from judgment

was that “newly discovered evidence” now establishes that “the information

and testimony provided by [the adoptive parents] at the trial court hearing and

which the trial court heavily relied upon in making its ruling was inaccurate at

best but more likely than not fraudulent.” The court considered the motion to

be requesting relief based on either Rule 60(b)(2), which provides for relief

from a judgment based on “newly discovered evidence which by due diligence

could not have been discovered in time to move for a new trial under Rule

59(b),” or Rule 60(b)(3), which provides for relief from a judgment based on

“fraud, . . . misrepresentation, or other misconduct of an adverse party.” M.R.

Civ. P. 60(b)(2), (3).5

[¶7] The court did not abuse its discretion in denying the motion to the

extent that it was based on a claim of newly discovered evidence under Rule

60(b)(2). The facts Petitioners proffered in support of their motion consist of

5 These two subdivisions of M.R. Civ. P 60(b) provide in full as follows:

On motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from a �inal judgment, order, or proceeding for the following reasons: . . . (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b); [or] (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party . . . . 5

inconclusive information, including photos taken by a private investigator they

hired in November 2024, as well as various texts, emails, and screenshots of the

adoptive parents’ individual social media accounts. The court correctly

observed that the facts put forward in support of the motion either “could have

been discovered at the time of trial or are events that occurred after the entry

of final judgment.” Therefore, they do not constitute “newly discovered

evidence” for purposes of a Rule 60(b)(2) motion.6 See MacPherson v. Est. of

MacPherson, 2007 ME 52, ¶ 8, 919 A.2d 1174; M.R. Civ. P. 60(b)(2).

6 In sum, the Petitioners asserted the following facts:

• The adoptive parents could not be served with process relating to an action that Petitioners had �iled in the adoptive parents’ home state because they were not living at their address of record in this proceeding; appear to be living separately from one another; no longer have a joint Facebook page or email address; and are each involved in a relationship with another person.

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Bluebook (online)
2026 ME 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-by-kathleen-c-me-2026.