Bonnette v. Bonnette

185 So. 3d 321, 2015 La.App. 4 Cir. 0239, 2016 La. App. LEXIS 257, 2016 WL 659003
CourtLouisiana Court of Appeal
DecidedFebruary 17, 2016
DocketNo. 2015-CA-0239
StatusPublished
Cited by10 cases

This text of 185 So. 3d 321 (Bonnette v. Bonnette) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bonnette v. Bonnette, 185 So. 3d 321, 2015 La.App. 4 Cir. 0239, 2016 La. App. LEXIS 257, 2016 WL 659003 (La. Ct. App. 2016).

Opinion

JOY COSSICH LOBRANO, Judge.

In this domestic case, Ronda Lane Bonnette (“Mother”), appeals the December 11, 2014 amended judgment of the .district, court changing the. designation of domiciliary parent from herself to Michael Paul Bonnette (“Father”), and changing the principal residence of the parties’ minor child (“Child”), from Mother’s home in New Orleans to Father’s home in the Houston area after a two-day trial in January 2014. Mother also appeals the denial of her motion to continue made at trial of the matter, as well as the January 6, 2015 judgment of the district court denying a hearing on her Motion for New Trial. For [324]*324the reasons which follow, we find that the judgments should be affirmed.

The record and evidence reveal the following:

The parties were married in 2006 while living in New Orleans, and one child was born of the marriage in 2009. Around April 2010, Father received a job promotion that required him to relocate to the Houston area. The parties initially-planned to move to the Houston area together following the sale of their home in New Orleans, and Father's company agreed to permit Father to remain in New Orleans 'until' the family home was sold, commuting between New Orleans and Houston, and traveling out of town on sales calls every other week. However, on April 14, 2011, before the family had relocated to Texas, Mother filed for divorce.1 In response,' on June 13, 2011, Father filed a Reconventional Demand. Both parties requested that they be granted joint custody of Child and each requested to be designated as domiciliary parent or primary custodial parent. Father also sought permission to relocate Child’s principal residence to the Houston area.

The district court scheduled’ a hearing on custody, child support, interim spousal support, and visitation which was held on June 30, 2011. At this time, the parties agreed, inter alia, to a stipulated custody decree, and the court signed a judgment entitled “Interim Consent Judgment” on July 1-8, 2011. Mother and Father were awarded joint custody of Child with Mother designated as the domiciliary parent. Father’s Visitation of Child was set forth as follows: (1) alternate weekends with visitation one weekend per month, in Louisiana and visitation one weekend per month in the Houston area; and (2) from July 1, 2011 to July 10, 2011, visitation at Father’s sister’s house in Missouri.

On October 17, 2012, a final judgement of divorce was entered.' In the period leading up to the finalization of the divorce, the parties’ relationship and communication had deteriorated. On October 30, 2012, the parties consented to mutual civil injunctions as follows: the parties were prohibited from having contact with each other except for matters concerning the health,- safety, and welfare of Child; the parties were prohibited from going near each other’s places of employment or residences; and Mother dismissed with prejudice a previously filed petition for protection from abuse.2

On November 25, 2013, Father married his current wife (“Stepmother”) and established a household in the Houston area with her. Father and .Stepmother had met in May 2013, and Stepmother met Child at a gathering of Father’s family in July 2013. Stepmother works as a pharmaceutical representative and, like Father, has a flexible schedule. Stepmother has two children from a previous marriage, a seventeen year-old son and ten year-old daughter at the time of trial, who live with Father and Stepmother fifty percent of the time; Father has two daughters from a prior marriage, twelve and fourteen years old at the time of. trial, who live in Missouri and also spend visitation periods with him in his Houston area home.

Child attended Father’s wedding and spent the 2012 Thanksgiving holiday with [325]*325Father and his family in Missouri. Mother alleges .that when Child returned on December 1, 2012 from Missouri,, she observed behaviors that made her suspect Child had been sexually abused. Based on these behaviors, Mother .contacted Child’s pediatrician, who referred her to the Audrey Hepburn Care Center at Children’s Hospital in New Orleans. Mother severed contact between Child and . Father, and scheduled an appointment at the Audrey Hepburn Care Center for Child to be evaluated for sexual abuse on December 24, 2012, the first available appointment.

On December 5, 2012, the district court held a hearing on the parties’ cross-motions for contempt, based on allegations by both parties that the other was in violation of the July 18, 2011stipulated custody decree. At that hearing, the district court ordered the July 18, 2011 stipulated decree be maintained, appointed liaren Houghtaling as parenting coordinator 3 with the parties to share the cost, and appointed Father manager of the couple’s immovable property.4

On December 24, 2012, Child was interviewed by Anne Troy, a forensic pediatric nurse at Children’s Hospital; and an investigation was opened by the Louisiana Department of Children and Family Services (“DCFS”) based on suspected abuse or neglect of Child.

On January 3, 2013, Mother filed a second petition for protection -from abuse5 against Father, alleging that he sexually abused Child. The petition contained numerous allegations regarding the behaviors Mother had observed following the Thanksgiving trip to Missouri. An ex parte protective order was entered the same date, and a hearing set for January 24, 2013. The protective order hearing was continued several times on agreement by the parties due to discovery issues.

Following a status conference on February 4, 2013, the court appointed Dr. Sarah Hinshaw Fuselier as a play therapist to work with Child and make recommendations to the court concerning whether abuse had occurred, with the parties to.share the costs.

On February 23, 2013, the DCFS notified Father that the investigation of suspected child abuse or neglect concerning á child in his care was closed based on its finding that the abuse allegations against him were “invalid (not justified),” because the DCFS “did not find sufficient information, to support a finding of abuse or neglect.”

On March 5, 2013, Father filed for a Rule for Contempt, Attorney’s Fees, and to Change Custody, Father alleged that material changes in circumstances had occurred which made it in Child’s best interest to grant Father sole custody. [326]*326March 7, 2013, the district court amended the protective order to allow Father supervised visitation with Child, and re-set the hearing on rule for April 3, 2013.

On April 3, 2013, the district court dismissed without prejudice Mother’s second petition for protection from abuse. The court recited in its judgment that its decision was based on the recommendation from the child’s therapist, Dr. Fuselier,6 and on the finding by the DCFS that there was insufficient information to support a finding of abuse or neglect by Father. On the same date, the court also appointed Tiffany Boveland, pro bono, as an attorney for Child.

Thereafter' (though the exact timing is unclear from the record), Mother, who had previously taken Child to a Dr. Niemeier, took Child .to a counselor at Metropolitan Battered Women’s Services, and had Child placed on a waiting list for a" counselor associated with her church.

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Cite This Page — Counsel Stack

Bluebook (online)
185 So. 3d 321, 2015 La.App. 4 Cir. 0239, 2016 La. App. LEXIS 257, 2016 WL 659003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnette-v-bonnette-lactapp-2016.