Howard v. Oden

5 So. 3d 989, 2009 WL 530949
CourtLouisiana Court of Appeal
DecidedFebruary 25, 2009
Docket44,191-CA
StatusPublished
Cited by14 cases

This text of 5 So. 3d 989 (Howard v. Oden) 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
Howard v. Oden, 5 So. 3d 989, 2009 WL 530949 (La. Ct. App. 2009).

Opinions

GASKINS, J.

[/The mother, Denise Oden, appeals from a trial court judgment which held her in contempt of court for the third time. Because of the mother’s repeated and willful failure to follow the court’s order disallowing contact between her children and the man she has now married, the trial court found her in contempt and granted primary domiciliary custody of her children to their paternal grandfather. For the reasons set forth below, we affirm the trial court judgment.

At the outset, we believe it is important to note that the difficulties with the children’s custody in this matter appear to emanate from the troubling behavior of their father, who has mental health problems, and the inability of their mother to provide them with a safe and stable environment. Postseparation and postdivorce, the mother had primary custody of the children, but her inability to care for them emotionally was so troubling that the Office of Community Services/Child Protection monitored her parenting skills and the trial court ordered counseling. The trial court has provided significant supervision of this case and has found the mother to lack credibility and to be defiant of court orders. Some of the problems that have afflicted the extended family have been instigated by the mother. Despite the aim of the Office of Community Services/Child Protection and the trial court to stabilize the children’s environment, the mother introduced a disruptive presence into her home, her boyfriend (now husband) Chad Smith. It is the trial court’s attempt to bring equilibrium to the children that has resulted in the court finding the mother in contempt of court for the third time and in the consequent change of custody.

| .FACTS

The mother married Frederick (Rick) L. Oden, Jr., in 1988. The parties had three children: an adopted son, Steven, who was born in 1993; a daughter, Emilee, born in 2000; and a daughter, LeighAnn, born in 2003.

The mother filed a petition for divorce in January 2005, in which she alleged both spousal and child abuse; she sought primary care and custody of the children. In a judgment dated April 20, 2005, the mother was awarded primary custody of the children subject to the father’s specified visitation and an attached joint custody plan.

The parties were divorced in September 2006. To say that the relationship between the parents became toxic is a gross understatement. The record is replete with evidence of numerous police contacts involving both parties, documenting a wide variety of conflicts. They ranged from physical confrontations between the parties and/or their relatives to physical abuse of one of the children to accusations of trespassing, improper communications, stalking, harassment, and theft. The rec[992]*992ord clearly demonstrates that the father suffers from mental illness and that his contacts with the children should be supervised; generally, this supervision has been provided by the paternal grandparents, Frederick (Fred) and Paula Oden. The record also establishes that the couple’s son has behavior and emotional issues which led to his residing during the week with the paternal grandfather, who homes-chooled him.

The mother’s relationship with her boyfriend, Chad Smith, became an issue in the custody proceedings. In fact, the third hearing officer | aconference (HOC) report — which was dated March 21, 2007, the date of the conference- — contained the following provisions in the portion containing the hearing officer’s recommendations on interim custody and visitation:

2. Mother shall allow no contact whatsoever between the children and her current boyfriend, Chad Smith. He is not to be allowed in the home if any of the children are present. He is not to speak to the children by phone or in writing. The “paddle” made by Chad Smith shall be destroyed. The mother shall allow no “parenting” input whatsoever from Chad Smith. The mother’s past practice of allowing him to whip or spank or otherwise discipline the children is completely unacceptable. Violation of this provision shall be grounds for immediate removal of the children from her custody, and by punishment as contempt of court. [Emphasis theirs.]
A. This recommendation had already been arrived at prior to the HOC, based on the information provided by Dr. [Mark] Vigen’s report. However, his behavior at the conference should be noted.
1. The undersigned [hearing officer Lisa Rogers Trammell] had asked court security to keep an eye on things, given the past volatility of the parties. Lt. Walt Hendry periodically walked through the hallway and checked on the various groups of participants.
2. At approximately 2:30 p.m. the hearing officer’s assistant advised that Mr. Smith had commented to her that he did not appreciate “that security guard” looking into the conference room, and that if the “security guard” popped off to him one more time, he was going to “tie into” him. The hearing officer at that time personally informed Mr. Smith that his presence was no longer welcome and he was to wait outside in the hallway. The bailiffs were then alerted to his comments and told to take whatever measures they deem appropriate to keep order and to handle the threat made by Mr. Smith.

|/The parties accepted all interim recommendations; pursuant to their stipulations, the trial court signed an interim judgment adopting the interim recommendations on March 28, 2007.1

[993]*993Following the fourth HOC on June 11, 2007, a report was issued. The hearing officer concluded that the mother was “only marginal” in her ability to parent the daughters and unable to parent the son at that time; all of the experts agreed that she needed “continued extensive therapy and parenting training.” The hearing officer noted that one of the goals it was hoping to achieve was keeping the children out of foster care. Again, there were issues pertaining to Chad Smith. The following recommendation was included:

7. As ordered last time, Mother shall allow no contact whatsoever between the children and her current boyfriend, Chad Smith. He is not to be allowed in the home if any of the children are present. He is not to speak to the children by phone or in writing. The “paddle” made by Chad Smith shall be destroyed. The mother shall allow no “parenting” input whatsoever from Chad Smith. The mother’s past practice of allowing him to whip or spank or otherwise discipline the children is completely unacceptable. Violation of this provision shall be grounds for immediate removal of the children from her custody, and by punishment as contempt of court. [Emphasis theirs.]
A. It is alleged that Mother has violated this provision by allowing Chad Smith to attend a ballet recital for the girls, and by constantly bombarding the children with messages about what Chad is doing, and how much he | Joves them, et cetera. There are also reports Chad and mother’s brother Danny have been harassing the Father, substantiated by a police report. The mother’s brother was arrested on an outstanding warrant.
1. All the involved parties concur that this incident culminated in the Father displaying a rifle. This sort of provocation of the father by the mother’s brother and boyfriend, when he is clearly unstable, contributes greatly to the danger level of all parties, including the children.

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Bluebook (online)
5 So. 3d 989, 2009 WL 530949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-oden-lactapp-2009.