de la Houssaye v. de la Houssaye

540 So. 2d 593, 1989 La. App. LEXIS 483, 1989 WL 26096
CourtLouisiana Court of Appeal
DecidedMarch 15, 1989
DocketNos. 88-CA-756, 88-C-410
StatusPublished
Cited by2 cases

This text of 540 So. 2d 593 (de la Houssaye v. de la Houssaye) 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
de la Houssaye v. de la Houssaye, 540 So. 2d 593, 1989 La. App. LEXIS 483, 1989 WL 26096 (La. Ct. App. 1989).

Opinion

GOTHARD, Judge.

This case arises from an ongoing dispute between the divorced parents of a young child over the father’s visitation rights. The mother appeals a judgment allowing overnight visitation.

Suzanne Haase and Richard de la Hous-saye were married on December 31, 1982. Their son, Richard Antoine (Rick) de la Houssaye, was born on September 30, 1983. The parents separated physically within weeks of Rick’s birth. Mrs. de la Houssaye filed for separation in April, 1984 and judgment was signed on March 28, 1985, granting Mrs. de la Houssaye a separation and custody of Rick. (We note that judgment was read and rendered on September 25, 1984.) The continuing dispute began before Rick was a year old and has involved considerable litigation, along with evaluations by several mental health professionals.

The case is before this court now on the issue of a judgment rendered June 30, 1988, changing the previous visitation schedule by increasing the father’s visitation time and ordering overnight weekend visits to begin in September, 1988. Mrs. de la Houssaye appealed on June 30, 1988. On July 1 she applied to this court for a writ of review and stay order, which was granted on July 6. On July 28 the court ordered that the writ application be consolidated with the appeal and that the matter receive an expedited hearing, with the stay to remain in effect during the pendency of the appeal. Mr. de la Houssaye’s motion to revoke the stay order was denied on July 13, 1988.1

The sole issue is whether or not the trial judge acted in the best interest of the child or whether the judgment represents an abuse of discretion.

A summary of the fundamental rules in child visitation appears in Edelen v. Edelen, 457 So.2d 171, 175 (La.App. 2nd Cir.1984), as follows:

[595]*595... (1) the paramount consideration in determining visitation rights is the best interest of the child; and (2) the trial court has great discretion in the area and his determination will not be disturbed on appeal in the absence of manifest error. Furthermore, each individual case is dependent upon its own facts. Johnson v. Johnson, supra, [357 So.2d 69 (La.App. 4th Cir.1978)]; Vinet v. Vinet, 184 So.2d 33 (La.App. 4th Cir.1966).

The court in Johnson v. Johnson, supra, adds, at 72:

... If an exercise of the visitation rights awarded by the trial court is deemed to be injurious to the child’s welfare upon appellate review, the Court of Appeal will reverse the trial court’s award_ [Citations omitted.]

Prior to the judgment of June 30, 1988 the visitation schedule had been set out or altered in some five judgments, including the divorce judgment. Each time the father had asked for overnight visitation (as early as April, 1985 when Rick was eighteen months old), which Mrs. de la Hous-saye vehemently opposed and, presumably, opposes to this day. We note that a complicating factor in resolving visitation problems is that Mr. de la Houssaye works and lives in Baton Rouge, while Mrs. de la Houssaye lives in Jefferson, so that frequent brief contacts between father and child have not been feasible.

Mrs. de la Houssaye alleged in her petition for separation that her ex-husband drank to excess, had a violent, uncontrollable temper and had at times physically abused her. In the judgment of June 22, 1984 on the rule for alimony and child support, etc., the court required that an adult agreeable to Mrs. de la Houssaye must go with the father on visitation and must drive the car. This requirement is contained also in a judgment signed on July 1, 1985. In March, 1987 Mr. de la Hous-saye entered the East Baton Rouge Parish Chemical Dependency Unit and after a thirty-day inpatient period has continued with the prescribed program of aftercare, including attendance at Alcoholics Anonymous meetings.

Mrs. de la Houssaye testified in the hearing of June 24, 1988 as to her feelings toward Mr. de la Houssaye. She stated that she disliked him, distrusted him, and found him cold and callous in dealing with Rick. She has been unable to discuss anything with Mr. de la Houssaye regarding the child. She stated that as long as the daytime visitations do not hurt Rick she will not oppose them, as she feels the boy can handle them. But she has opposed the overnight visits because the father has told the child he will spend the night. She said:

... And Rick has gone to bed crying, “Please don’t let it happen.” He has also told me on numerous occasions that he is terribly afraid of it, that he doesn’t like his father, he doesn’t like the visits and he doesn’t understand why he has to go.”

Mrs. de la Houssaye denied hampering the visitation, but stated that Rick did not want to go:

... He fights them with everything that’s in him. And I’m the one who has to drag him kicking and screaming out the door to go with his father.

She stated that the child’s behavior is affected by these episodes, in that after he returns he throws tantrums, is resistant, and has told her he was mad because she made him go with his daddy. During periods when the visits have not taken place, Rick is a much more relaxed child and easier to get along with.

The father was not present at the June 24 hearing because of realistic employment responsibilities; consequently, we have only the testimony of others as to his relationship with the child. We may surmise from his continued pressure through the courts to have overnight visits that he is determined to achieve his goal and is unwilling or unable to communicate and/or compromise with his former wife. As to the father’s alcoholism, Dr. Camilla Cowar-din, psychiatrist, testified that he admitted to her in 1988 that had Mrs. de la Houssaye not prevented overnight visits earlier on, he would have consumed alcohol when the child was present. Louis Gibson, director of the State Alcohol and Drug Abuse Treatment Center, Mary Levingston, after[596]*596care coordinator of the Chemical Dependency Unit, and Bill Hite, a counselor in the CDU, testified that Mr. de la Houssaye was attending the required meetings and they felt that his alcoholism should not be an impediment to overnight visitation with his child. They had no reports of his failing to remain sober for a year. His current wife is not an alcoholic but does take part in the program as a family member. When reporting on the father-child relationships, the mental health experts who observed Rick with Mr. de la Houssaye testified that once he separated from the mother the child and father played together normally, although one observer felt that the father had to initiate the interaction rather than its coming from Rick.

A number of professionals have been appointed by the court or consulted by the parents on the order of the court in an effort to resolve the visitation problem, beginning in 1985. The parents were referred to mediation in 1986, which failed. The mother consulted Dr. Camilla Cowar-din, a child psychiatrist, in March, 1985. The court appointed Dr. Cowardin to evaluate the situation in January, 1987 and again in April, 1988. Philip Bein, a clinical social worker in private practice, was appointed to evaluate the parents, Rick, and the parent-child relationship in 1988. Dr. Carmen Ramos, a child psychiatrist, saw Rick with his father and mother separately in 1988 at the request of Mr. Bein.

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Related

Carter v. State, Department of Transportation & Development
640 So. 2d 602 (Louisiana Court of Appeal, 1994)
de la Houssaye v. de la Houssaye
542 So. 2d 511 (Supreme Court of Louisiana, 1989)

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Bluebook (online)
540 So. 2d 593, 1989 La. App. LEXIS 483, 1989 WL 26096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-houssaye-v-de-la-houssaye-lactapp-1989.