Jennifer Corinne Emery, V. Loren Heath Anderson

CourtCourt of Appeals of Washington
DecidedOctober 10, 2022
Docket82947-5
StatusUnpublished

This text of Jennifer Corinne Emery, V. Loren Heath Anderson (Jennifer Corinne Emery, V. Loren Heath Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennifer Corinne Emery, V. Loren Heath Anderson, (Wash. Ct. App. 2022).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of the Marriage of: No. 82947-5-I JENNIFER CORINNE ANDERSON, DIVISION ONE Respondent, UNPUBLISHED OPINION and

LOREN HEATH ANDERSON,

Appellant.

DÍAZ, J. — Loren Anderson appeals the trial court’s orders (1) modifying the

parenting plan for the child he shares with Jennifer Emery (formerly Jennifer

Anderson), (2) increasing Anderson’s monthly child support obligation,

(3) directing Anderson to stay away from Emery and the parties’ child except as

allowed by the parenting plan, and (4) reallocating an attorney fee award.

Anderson fails to show that the trial court committed reversible legal error or

otherwise abused its discretion in entering these orders. Therefore, we affirm.

I. FACTS

Anderson and Emery are formerly married and share a daughter, G.A., who

was born in 2015. In 2018, after a five-day trial, the superior court entered a

parenting plan, pursuant to which G.A. resided with Emery except every other

weekend, when G.A. resided with Anderson. The 2018 parenting plan included a

finding that Anderson “engages in emotionally abusive behavior/abusive use of

conflict.”

Citations and pin cites are based on the Westlaw online version of the cited material. No. 82947-5-I/2

In December 2019, Emery petitioned to modify the parenting plan. She

alleged among other things that Anderson indicated he might lose his housing and

that G.A. had reported that during a recent weekend with Anderson, she and

Anderson slept on the floor of Anderson’s restaurant. Emery alleged that

Anderson refused to confirm his living situation when Emery asked him about it.

Emery also alleged that Anderson “continues to emotionally abuse our daughter,”

including by telling G.A. “that ‘Mommy broke our family’, ‘Mommy stole all my

money’, and ‘Mommy stole you from me’ ” and by “demanding love and attention

from [G.A.] rather than engaging appropriately.” Emery requested that Anderson’s

time with G.A. be reduced to supervised visitation every other Saturday morning,

and that the court enter a restraining order protecting Emery and G.A. from

Anderson.

In January 2020, a commissioner found adequate cause to proceed to a

modification trial and ordered Family Court Services (FCS) to investigate and

provide a report “for a parenting plan in [the] best interests of the child.” The

commissioner also entered a temporary order directing the parties to follow the

2018 parenting plan with certain exceptions, including that Anderson’s time with

G.A. was reduced to unsupervised visitation every other Saturday and Sunday

morning.

In February 2020, Anderson requested “temporary attorney fees” pursuant

to RCW 26.09.140 1 so that he could retain an attorney for the modification

1 RCW 26.09.140 provides, “The court from time to time after considering

the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding

2 No. 82947-5-I/3

proceeding. A commissioner granted the motion and directed Emery to pay

$5,000 to Anderson’s attorney “subject to reallocation . . . if [the] court determines

there is no legitimate need.”

In June 2020, Emery gave notice of her intent to relocate with G.A. from

Snoqualmie to Vancouver, Washington.

In August 2020, Emery petitioned for a restraining order, alleging that G.A.

had disclosed that (1) Anderson “said he was going to kill [Emery]” and

(2) Anderson had made G.A. “say over and over that she was going to kill

herself.” We refer hereinafter to these disclosures as the “Disclosures.” A

commissioner granted Emery’s petition and entered a temporary restraining order

that changed Anderson’s visitation with G.A. from unsupervised to supervised.

Also in August 2020, the trial court entered a temporary order allowing

Emery to relocate to Vancouver. The trial court also entered a temporary parenting

plan under which Anderson’s visitation with G.A. remained limited to supervised

visitation every other Saturday and Sunday, in Vancouver, plus “Zoom video call

visitation on the Saturday when he does not have in person visitation.”

Sometime in fall of 2020, Anderson also relocated to Vancouver.

In November 2020, FCS evaluator, Jennifer Bercot, filed a parenting

evaluation report, which was later admitted at trial over Anderson’s

objection. Bercot’s report included a summary of her interview with G.A.’s

under . . . chapter [26 RCW] and for reasonable attorneys’ fees . . . in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment.”

3 No. 82947-5-I/4

therapist. According to Bercot’s report, the therapist stated she made a referral to

Child Protective Services in August 2020 after G.A. made the Disclosures.

A modification trial ultimately took place in May 2021. The following

witnesses testified: Emery, Anderson, Bercot, a representative from the company

that provided supervision services for Anderson’s visitation, and a friend of

Anderson’s. Emery attempted during trial to testify that G.A. made the

Disclosures; however, the trial court sustained Anderson’s hearsay objections to

Emery’s testimony.

At the close of trial, the trial court found Emery’s testimony “very credible,”

particularly because it was “not impeached” and was “consistent with all of the

other evidence,” and substantially granted her requests for relief. The court

entered findings of fact and conclusions of law and (1) modified the parenting plan

so that Anderson’s time with G.A. was limited to supervised visitation every other

Saturday and Sunday from 9:00 a.m. to 1:30 p.m.; (2) entered a five-year

restraining order directing Anderson to stay away from Emery and G.A. except as

allowed under the parenting plan; (3) increased Anderson’s monthly child support

obligation from $540.32 to $792.48; and (4) reallocated the $5,000 in temporary

attorney fees, directing Anderson to repay Emery.

In its oral ruling granting the restraining order, the trial court relied in part on

the Disclosures as described by G.A. to her therapist. The trial court observed that

according to Bercot’s report, G.A. made the Disclosures to her therapist directly,

and then the therapist relayed the Disclosures to Bercot, who memorialized them

in her report. The trial court further found Anderson’s testimony “largely not

4 No. 82947-5-I/5

credible,” as it was “inconsistent with itself, it was inconsistent with the other

evidence, and it was inconsistent with prior statements that he had made under

oath.” The trial court considered such inconsistencies, as well as other facts

described below, in deciding “whether or not a restraining order should be issued

in this case because the mother has to be able to rely on the father’s statements

to maintain her safety and the child’s safety.”

Anderson appeals.

II. ANALYSIS

Anderson contends the trial court erred by modifying the parenting plan,

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