Haik v. Haik

648 So. 2d 1015, 1994 WL 696745
CourtLouisiana Court of Appeal
DecidedDecember 14, 1994
Docket94-CA-563
StatusPublished
Cited by8 cases

This text of 648 So. 2d 1015 (Haik v. Haik) 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
Haik v. Haik, 648 So. 2d 1015, 1994 WL 696745 (La. Ct. App. 1994).

Opinion

648 So.2d 1015 (1994)

Carolyn Chehardy HAIK
v.
George Michel HAIK, Jr.

No. 94-CA-563.

Court of Appeal of Louisiana, Fifth Circuit.

December 14, 1994.
Writ Denied March 17, 1995.

*1017 André Guichard, New Orleans, for plaintiff/appellant Carolyn Chehardy Haik.

Harry P. Pastuszek, Jr., Mandeville, for defendant/appellee George Michel Haik, Jr.

Before WICKER, DUFRESNE and CANNELLA, JJ.

CANNELLA, Judge.

Both parties, Carolyn Chehardy Haik (mother) and George Michel Haik, Jr. (father), appeal from the May 24, 1994 judgment setting out, in detail, the manner in which they shall share custody of their minor son under a joint custody plan. For the reasons which follow, we reverse in part and affirm in part.

The parties were married on June 18, 1988. One child was born of the marriage, George Michel Haik, III. On July 24, 1989, the mother filed for separation and asked for sole custody. Ultimately, a consent judgment was rendered on November 20, 1990 awarding joint custody. The parties were to develop an implementation plan. Shortly thereafter the parties commenced filing rules against each other. It is an understatement to say that the parties have been extremely argumentative regarding the custody and visitation arrangements, in some instances disputing each hour. Eventually, in open court on December 18, 1992, with the threat of trial and court determination, the parties reached an agreement on how they would share custody of their child, including regular, holiday and summer custody. A stipulation was entered on the record, with each party orally acknowledging that they were in agreement with the plan. However, the agreement between the parties was short-lived and the mother refused to sign the judgment. The judgment on the stipulation was eventually signed on February 25, 1994 after the mother was ordered to sign it by the court. Meanwhile, on June 14, 1993, the mother had filed a rule to amend the custody access agreement and reduce the father's access time. Then, the father responded with rules to increase his visitation and the battle began anew. This round of rules culminated in a hearing and judgment by the trial court setting out the access time of each party under their joint custody arrangement. The judgment was exhaustive, covering every single day of the year and was deemed necessary by the trial judge because of the unyielding refusal of both parties to compromise or work out any variances in the arrangements. The trial judge also resolved a dispute regarding which school the child should attend, ordering that the child attend St. Ann's through first grade and then, upon petition of one of the parties, the child would be evaluated during first grade for appropriate placement for second grade. This judgment was rendered on May 24, 1994 and is the basis for the instant appeal.

Both parties appeal, neither being satisfied with the lower court judgment. Both dispute the amount of time each was granted physical access to the child during the school year and both disagree with the holiday schedule. Both also disagree with the resolution of the school dispute. Additionally, the mother disagrees with the summer custody access schedule and the expert appointed to evaluate the child in the event that the parties cannot agree on the appropriate school for the child after first grade.

Physical Access to Child Under Joint Custody Plan

Both parties disagree with the amount of physical access to the child granted to each *1018 by the trial judge. Each argues that the other was given too much time, or that they themselves were awarded insufficient time. Both parties also disagree with the holiday schedule set out by the trial court. Also, the mother takes issue with the summer schedule.

The May 24, 1994 judgment generally gave the father physical custody of the child three weekends a month, with Monday through Thursday custody granted to the mother. It gave the father uninterrupted custody for approximately two months of the summer and three weeks to the mother. It abolished parental sharing of all holidays with the child except the four major ones declared by the trial court, Mardi Gras, Easter, Thanksgiving and Christmas. Particularly, the judgment provided in pertinent part:

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that until the minor child, George M. Haik, III completes fourth grade the custody of him shall be shared by his parents as follows:
1. SCHOOL YEAR
During every four week period beginning with the weekend of March 25 through March 27, 1994 the father, George M. Haik, Jr., shall have custody of George M. Haik, III the first, second and fourth weekends from the Friday of said weekends from the end of school until Sunday at 7:00 p.m. The pick-up on Friday will be at the child's school and the drop-off at the home of the mother, Carolyn Chehardy Haik. Additionally, during the same four week period the father shall have custody from the end of school of the Wednesdays following each weekend that he has custody through the following Thursday in time to return his child to school.
2. HOLIDAYS
a. For the purpose of this judgment, there shall only be four holiday periods, all other holidays, whether Federal, State or ecclesiastical shall be governed by the school year or summer schedules provided for herein.
1. Easter
2. Thanksgiving
3. Christmas
4. Mardi Gras
b. The following holiday schedule is established for 1994-95:
1. Easter, 1994—entirety of the Easter school holiday period to the mother.
2. Thanksgiving, 1994—from 9:00 a.m. Thanksgiving Day until 7:00 p.m. of the Sunday following the holiday to father.
3. Christmas, 1994—from first day of vacation from school through 9:00 p.m. Christmas Eve to mother, from 9:00 p.m. on Christmas Eve through 8:00 p.m. December 30 to father. From December 30, at 8:00 p.m. through resumption of school to mother.
4. Mardi Gras, 1995—from 7:00 p.m. on the Sunday before Mardi Gras through Wednesday after Mardi Gras at 3:00 p.m. to mother.
The foregoing holiday schedule shall supersede the regular school custody schedule where in conflict. Where the holiday schedule supersedes the regular school period schedule as to a weekend or Wednesday that supersession shall be ignored as to the continuation of the school schedule. For example, should mother's weekend precede a holiday period in which father has custody on the Wednesday after 3:00 p.m., the mother would lose that Wednesday and following Wednesday would as well be with the father as the Wednesday following the fourth weekend.
c. The foregoing holiday schedule shall alternate on an annual basis between the parties, e.g., the parent having Mardi Gras 1995 will not have it in 1996, similarly the parent not having December 30 through beginning of school in 1994-95 shall have it in 1995-96.
3. WHEN SCHOOL NOT IN SESSION
For those situations where, either during the school year or in carrying out the holiday custody schedule, the child *1019 is not attending school when the pick-up or drop-off is scheduled, then the pick-up will instead be at 9:00 a.m. at a neutral site along the route between the parents homes and the drop-off will be at the mother's home at 9:00 a.m.
4.

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Cite This Page — Counsel Stack

Bluebook (online)
648 So. 2d 1015, 1994 WL 696745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haik-v-haik-lactapp-1994.