Hogan v. Veno

2006 ME 132, 909 A.2d 638, 2006 Me. LEXIS 159
CourtSupreme Judicial Court of Maine
DecidedNovember 16, 2006
StatusPublished
Cited by6 cases

This text of 2006 ME 132 (Hogan v. Veno) 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
Hogan v. Veno, 2006 ME 132, 909 A.2d 638, 2006 Me. LEXIS 159 (Me. 2006).

Opinion

LEVY, J.

[¶ 1] Daniel A. Veno appeals from a judgment of the District Court (Lewiston, Gunther, J.) finding Sandra A. Hogan in contempt for violating a parental rights and responsibilities judgment by interfering with his right to parent/child contact with the parties’ daughter, now age twelve. Veno contends that the contempt order that modified the earlier judgment improperly discontinued counseling requirements that were intended to reunite Veno and his daughter, and impermissibly limited Veno’s right to parent/child contact with the daughter to two, one-hour visits per year. Because we conclude that the court acted outside the bounds of its discretion in determining the remedy for contempt, we affirm the contempt findings, but vacate a portion of the contempt relief and remand for additional proceedings.

I. BACKGROUND

[¶ 2] Hogan and Veno are the parents of a twelve-year-old daughter born in December 1993. They separated in 1994 and Veno had regular visits with the daughter from then until May 2001 when Hogan accused Veno of sexually abusing the daughter. Veno has had no direct, non-therapeutic related visits with his daughter since then. The issues presented on appeal require an understanding of the history of this dispute beginning with (1) the initial judgment entered in September 2002, establishing the parties’ parental rights and responsibilities; as well as, (2) the post-2002 proceedings and, in particular, the evidence presented at the two-day contempt and modification hearing conducted in 2005; (3) the findings in connection with the January 2006 contempt order that is the subject of this appeal; and finally, (4) the contempt relief ordered by the court in the January 2006 order.

A. The 2002 Parental Rights and Responsibilities Judgment

[¶ 3] Hogan filed a parental rights and responsibilities complaint in 2001 and, af-tér a contested trial, the court (Cote, J.) entered judgment in September 2002. The court found that the daughter, who has type I diabetes, had always lived with Hogan; that Veno had regular contact with the daughter from the time he and Hogan separated in 1994 until May 2001; and that beginning in May 2001 Hogan refused to permit Veno to have contact with their daughter .because she believed Veno had sexually abused the daughter by touching her genital area over her clothes while he was tickling her.

[¶ 4] The court concluded that Veno had not sexually abused the daughter as alleged by Hogan, citing the results of two independent psychological evaluations of Veno, a psychological evaluation of the child, and the findings of the court-appointed guardian ad litem.1 The court also [641]*641concluded that as a result of improper influence by Hogan, the child did not wish to have any contact with Veno:

The Court also agrees with the Spur-wink Child Abuse Center’s assessment that the relationship between [the child] and [Hogan] is such that they are psychologically enmeshed, so that neither one of them is able to view the other as [a] separate person with separate needs. [The child’s] expressed preference not to have any contact with [Veno] is likely the result of conscious or sub-conscious influence by [Hogan] and an adoption by [the child] of [her mother’s] view of [Veno], rather than a reaction to [Veno’s] treatment of [her]. The nature of the relationship between [Hogan] and [the child], combined with [Hogan’s] clear disdain of [Veno], is extremely troubling to the Court, as it is clear that alienation of [the child] from [Veno] has been the result.
The Court finds that it is in [the child’s] best interest to have a meaningful relationship with [her father]. However, the Court recognizes that, although it may be in [the child’s] best interest in the long-term to immediately restore contact with [Veno] outside of a therapeutic setting, it would be devastating to [the child] in the short-term.

[¶ 5] The court allocated parental rights and responsibilities, with the daughter to reside solely with Hogan, and Veno to have the right to be fully informed of and comment on all significant decisions affecting the child and to have unrestricted access to the professionals involved in the child’s care. The judgment did not allocate specific rights of parent/child contact to Veno. Rather, the court ordered the parties to obtain individual counseling for themselves and for their daughter to address the issues noted in the reports of the guardian ad litem and the Spurwink Child Abuse Program, as well as joint counseling for Veno and the daughter (without Hogan’s participation) to reestablish their relationship. The judgment stated that the various counseling efforts should be focused on reestablishing contact between the daughter and Veno:

The Court strongly encourages that all counseling be obtained from a center that can have overall responsibility for this case with a team that works with the family members and meets on a regular basis, remain ideally unaligned with either parent, and focused on reestablishing contact between [the daughter and Veno].

The judgment also provided that “Enrollment and significant progress in the counseling . ■.. or the failure to seek or cooperate in such counseling, shall be deemed a substantial change of circumstances warranting reconsideration of this award of parental rights and responsibilities.”

B. The Post-2002 Proceedings

[¶ 6] Veno filed a motion for contempt in May 2004, alleging, inter alia, that Hogan had not complied with the judgment’s counseling requirements.2 After a hearing, the court (Goranites, J.) entered an order in July 2004 that partially decided [642]*642the motion, finding that Hogan had violated the judgment by not providing certain information to Veno regarding the child’s medical care and schooling and by failing to obtain counseling for herself. The court ordered Hogan to obtain counseling. With respect to the daughter’s individual counseling and her reunification counseling with Veno, the court ruled that the record was inadequate to decide the issue and that a further hearing, with appropriate expert testimony, was necessary. Both parents subsequently filed motions to modify the September 2002 judgment.

[¶ 7] More than a year later, the court (Gunther, J.) held an evidentiary hearing on the motion for contempt and the motions to modify over two days in November 2005. The child’s former counselor testified that she had met with the child for nine sessions beginning in September 2003 and concluding in March 2004. Hogan attended eight of the sessions. The daughter was adamant that she did not want to see Veno, and the counselor testified that she should not have raised the topic of the father so soon in the process. The counselor terminated the counseling with the daughter after only nine sessions because, in her view, the daughter was too enmeshed with Hogan for effective counseling at that point, and because the daughter had learned distorted information about Veno from Hogan, including Hogan’s insistence, contrary to the court’s 2002 judgment, that Veno had molested the daughter. The counselor testified that at the time her work with the daughter ended, the daughter was in the latency stage of development, where it was natural for the daughter to be aligned with, and have difficulty separating from, her mother.

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Cite This Page — Counsel Stack

Bluebook (online)
2006 ME 132, 909 A.2d 638, 2006 Me. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-veno-me-2006.