Haddon v. Haddon

806 So. 2d 1017, 2000 WL 330348
CourtMississippi Supreme Court
DecidedMarch 30, 2000
Docket97-CT-01453-SCT
StatusPublished
Cited by14 cases

This text of 806 So. 2d 1017 (Haddon v. Haddon) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haddon v. Haddon, 806 So. 2d 1017, 2000 WL 330348 (Mich. 2000).

Opinion

806 So.2d 1017 (2000)

Virginia Kearse HADDON
v.
Werner Scott HADDON.

No. 97-CT-01453-SCT.

Supreme Court of Mississippi.

March 30, 2000.
Rehearing Denied February 1, 2001.

Stephen L. Thomas, Attorney for Appellant.

W.O. Luckett, Jr., Attorney for Appellee.

PRATHER, Chief Justice, for the Court:

¶ 1. The question presented in this appeal is whether a non-custodial parent who agrees to a custody and visitation arrangement for his infant son has produced sufficient proof to justify amendment of the agreement a little more than six months after it was reached. The chancellor found that the custody and visitation agreement should be amended. A divided Court of Appeals affirmed. Haddon v. Haddon, No. 97-CA-01453-COA (Miss.Ct.App. Apr.20, 1999). We granted certiorari, and after due consideration we reverse the judgments of the Court of Appeals and the Chancellor and reinstate the custody and visitation agreement of the parties ordered into effect by the trial court on December 30, 1996.

I.

¶ 2. Virginia Kearse Haddon and Dr. Werner Scott Haddon were married on December 4, 1993, in Columbia, South Carolina. One child, Nicholas Kearse Haddon, was born of this union on May 29, 1996.

*1018 ¶ 3. In the summer of 1996, Virginia Haddon and Nicholas moved to Clarksdale because Scott Haddon wanted to establish a medical practice there. Scott Haddon did not move with the family initially, but remained in Houston, Texas, until October of that same year. Three weeks after Scott Haddon reunited with his family in Clarksdale, the couple separated. On October 19, 1996, Virginia Haddon moved with Nicholas to Orangeburg, South Carolina, to live with her parents. Scott Haddon remained in Clarksdale.

¶ 4. On November 18, 1996, Scott Haddon filed a complaint for custody of Nicholas in the Coahoma County Chancery Court. Virginia Haddon filed a parallel action in South Carolina. On December 30, 1996, the parties announced to the Coahoma County Chancery Court that they had reached a settlement. Consistent with the settlement, the chancellor entered an order awarding joint legal custody to Virginia and Scott, with Virginia enjoying primary physical custody. Scott was awarded visitation with Nicholas one weekend each month. This visitation was to take place in the home of and under the supervision of Scott's mother, who resided in Cary, North Carolina, until Nicholas reached two years of age; thereafter, visitation would be unsupervised. Additionally, Scott was awarded one week of visitation with Nicholas during Christmas and two weeks in the summer.

¶ 5. The December 30, 1996, order also provided that after Nicholas reached age two, the parties might alter the visitation schedule to comport with the travel and schedule requirements of Scott and Virginia. The order further provided for additional visitation if the parties mutually agreed to it.

¶ 6. On July 9, 1997, Scott filed a motion to change child custody or, in the alternative, to alter substantially the visitation schedule.

¶ 7. On September 16, 1997, Virginia Haddon filed a contempt action against Scott, stating that he had refused to return Nicholas from visitation according to the agreed order. By order dated September 19, 1997, the chancery court found Scott in contempt, ordered him to make arrangements to turn over Nicholas to his mother, ordered him to pay Virginia's attorney's fees and expenses and ordered his visitation privileges suspended until the hearing on his motion to change child custody.

¶ 8. At the hearing on the motion to change custody Scott testified that Virginia had turned over Nicholas for visitation according to the order but had failed to confer with him "regarding multiple issues concerning Nicholas" and had produced a written list of demands that Scott was supposed to follow concerning Nicholas's care; that he was much more "emotionally stable" than his wife; that he had experience raising children gained from his son from a previous marriage; and to the difficulties of the travel involved and setting up care for Nicholas for one weekend a month. As for the changes since the agreed order, Scott testified that Nicholas was older and not as dependent on Virginia; that Virginia did not confer with him regarding important issues like medical care; and to the hostility between Scott and Virginia's family. It also became apparent at the hearing that Scott had twice taken Nicholas in violation of the visitation terms of the agreed order, though he had been held in contempt once. Scott also admitted in the hearing, and wrote a letter to Virginia stating, that he had taken Nicholas to attempt to force Virginia to consider reconciliation with him.

¶ 9. On October 14, 1997, the chancellor entered an order which granted Scott's *1019 motion as to visitation. The order made the following findings:

Nicholas was born May 29, 1996. and is now almost two years of age. He apparently will start kindergarten at age five which will occur in the year 2001. Until that time an opportunity exists here to allow the father to establish a meaningful parental bond with his child. Due to the distance involved and attendant travel expenses, frequent weekend visitations are inappropriate. In order to allow both joint parents maximum association with the child during this period a change of visitation arrangements from those set out in the December 30th decree must be made. Accordingly, during the period until Nicholas starts to school Scott will be entitled to the following visitation:
a) During the remainder of 1997, from the weekend of November 15, until December 1.
b) During the year 1998, February, April, June, August, October and December.
c) During the year 1999, February, April, June, August, October and December.
d) During the year 2000, February, April, June, August, October and December.
e) During the year 2001, February, April, June, August, October and December.
When Nicholas reaches age five in the year 2001, the above scheduling will cease. Primary physical custody of Nicholas will continue with [Virginia] and at that time the Court following an appropriate hearing will establish a visitation schedule for Scott.

¶ 10. Also on October 14, 1997, Scott Haddon filed for divorce from Virginia Haddon, asking for permanent legal and physical custody of Nicholas.

¶ 11. The Court of Appeals affirmed by a vote of 7-3, finding that visitation matters were within the chancellor's discretion, and that the chancellor in this case had not abused his discretion in finding that increased visitation was in the best interest of Nicholas and allowed for "maximum association" between Scott and Nicholas, and that hardship on Scott because of the distance involved could be considered, though not as a primary consideration. The Court of Appeals dissent found that there was little or no justification in the record for such a drastic modification of an agreed visitation schedule that had been entered into only six months before modification was requested. The dissent found that there was little evidence that the agreed visitation was not working, other than Scott's dissatisfaction with the agreement that he made.

II.

¶ 12. The proper standard of review, as cited by the Court of Appeals, may be found in Clark v. Myrick, 523 So.2d 79, 83 (Miss.1988):

In cases where the terms of visitation are at issue, our familiar change in circumstances rule has no application. Cox v. Moulds,

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Bluebook (online)
806 So. 2d 1017, 2000 WL 330348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haddon-v-haddon-miss-2000.