Kahre v. Kahre

916 P.2d 1355, 1995 WL 697959
CourtSupreme Court of Oklahoma
DecidedNovember 29, 1995
Docket83706
StatusPublished
Cited by47 cases

This text of 916 P.2d 1355 (Kahre v. Kahre) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kahre v. Kahre, 916 P.2d 1355, 1995 WL 697959 (Okla. 1995).

Opinions

WATT, Justice.

FACTS AND PROCEDURAL BACKGROUND

This litigation has been long and complex. Consequently, this statement of its facts and procedural background must necessarily deal [1357]*1357only with those matters material to the outcome of the litigation. Because of the volume of what has gone on here, much must be passed over in this opinion to ensure that a clear understanding of the issues is provided. Even so, there is much to tell.1

The First Marriage

Greg Kahre and Shawna Tortolini were married on December 4, 1986, when Greg Kahre was 18 and Shawna Kahre 17. Of that marriage two children were bom, a son, B.K., on July 14,1987, and a daughter, K.K., on November 25,1988.

The First Divorce

The divorce and ensuing custody fight, from which this appeal arose, were preceded by an earlier divorce. Greg Kahre sued Shawna Kahre for divorce on December 14, 1988, nineteen days after the birth of then-daughter K.K.. On February 10, 1989, the court in the first divorce action granted a divorce to both parties, gave custody of the children to Shawna Kahre, and gave Greg Kahre reasonable rights of visitation.

The Reconciliation, and Second Divorce

In February, 1990, shortly after the first divorce was granted, the parties resumed living together as husband and wife, and bought a house, but on January 16, 1991 Greg Kahre once again filed for divorce. The second divorce was granted in 1992. The first child custody order entered in the second ease, dated January 31, 1991, but not filed until October 19, 1992, gave temporary custody to Greg Kahre, with rights of visitation to Shawna Kahre.2

Shawna Kahre’s visitation rights were suspended in an order dated October 4, 1991, but not filed until October 19, 1992. Apparently, Shawna Kahre’s visitation rights were suspended on the strength of Greg Kahre’s allegation that a clinical psychologist, Richard E. Stemlof, Ph.D., had notified the Oklahoma Department of Human Services of potential sexual abuse of B.K. As the later discussion of Dr. Stemlof s role in this matter reveals, however, Dr. Stemlofs notification of DHS was based solely on what Greg Kahre, and his mother, Jaeque Kahre, told him, and was made because it was required by law, not because Dr. Sternlof believed there had been sexual abuse.

The April 15, 1994. Custody Hearing and April 15, 1994 Custody Order

The trial court granted the parties a divorce on June 16, 1992 but reserved the custody issue for later hearing. The custody hearing was held on April 12,1994. On April 15, 1994, the trial court granted Shawna Kahre custody of the children, effective June 1, 1994. The trial court directed that Shawna Kahre have periods of visitation with the children between April 15 and June 1, 1994, before obtaining permanent custody on June 1,1994.

The Protest Letters and Petition

Within days of the trial court’s April 15, 1994 ruling granting custody of the children to Shawna Kahre, the first of some seventy letters and a petition protesting the trial court’s decision were filed with the Court Clerk. At least ninety percent of the letters were written on one of three printed forms. All the letters told only Greg Kahre’s version of the facts and one was signed by Jaeque Kahre.

Greg Kahre’s Violation of the Visitation Order and The May 20, and June 3, 1994 Hearings

Greg Kahre failed to produce the children for either the first or second period of visitation the trial court had ordered on April 15, [1358]*13581994. Shawna Kahre then learned that Jac-que Kahre, Greg Kahre’s mother, had abducted the children, and refused to return them. Shawna Kahre later reluctantly agreed that Greg Kahre could have a new trial if the children were returned. At a hearing held May 20, 1994, Greg Kahre’s attorney, Michael Gassaway, claimed that he did not know where the children were and could get them back only if the trial court agreed that a new trial would be granted. The trial court then tentatively agreed to grant a new trial if the children were returned, but expressed extreme reluctance to approve the plan because it appeared that Shawna Kahre had been coerced into agreeing to it.

During a hearing on June 3,1994, after the children had ostensibly been returned to Oklahoma City, the trial court denied Greg Kahre’s motion for new trial, saying that he had agreed to such a course only to get the children back into the jurisdiction of the court and because “you [Michael Gassaway] continued to push me.” The trial court apparently decided that it did not have to stand by the agreement because it had been arrived at through coercion. On the same day Jacque Kahre once again removed the children from the jurisdiction of the court, and secreted them until after this Court stayed the trial court’s permanent custody order of April 15, 1994, on September 26, 1994. Following the trial court’s refusal to grant Greg Kahre a new trial, Mr. Gassaway engaged in a tirade before television cameras outside Judge Humble’s courtroom at the Oklahoma County Courthouse. Mr. Gassaway was convicted of contempt of court and fined for his conduct.

The Guardian ad Litem

On July 23,1991, in an order not filed until October 19, 1992, the trial court appointed Phillip J. Tucker as guardian ad litem of the Kahre children. For reasons unexplained by the record the guardian ad litem was not notified of his appointment until after the custody hearing of April 12, 1994.3 Judge Humble did not know of the guardian ad litem’s appointment either, as the order of appointment was made by Judge Humble’s predecessor, Honorable Thornton Wright, Jr. Following his notification of his appointment the guardian ad litem participated fully in this matter.

On February 27, 1995, the trial court ordered that the children not again be removed from the jurisdiction of the court without the court’s prior written approval, and that Shawna Kahre have visitation with the children in the presence and under the supervision of the guardian ad litem. The visitation was to be for three hour periods on Saturdays or Sundays, at times to be arranged by the guardian ad litem. In his report and brief, filed with this Court, the guardian ad litem reported that there were three weekend visitations with Shawna Kahre and the children in February, 1995. The guardian ad litem reported that the children were anxious at the start of the visitations, but that once the visitations began, “the children showed no fear nor anxieties about being around and interacting with their mother.”

The Trial Court’s March 2, and March 7, 1995 Orders Granting Shawna Kahre Visitation Rights

On March 3, 1995, Greg Kahre’s counsel, Timothy McCoy, orally applied for an order from this Court staying an order of the trial court, dated March 2,1995, granting Shawna Kahre supervised visitation on March 4, 1995, although Greg Kahre’s previous counsel, Michael Gassaway, had agreed to the order.4 We temporarily stayed the trial court’s March 2, 1995 order on March 3, [1359]*13591995, but withdrew our order and dissolved the stay on March 7,1995.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LOPEZ-VELAZQUEZ v. GUITTIERREZ DE ALCALA
2022 OK CIV APP 19 (Court of Civil Appeals of Oklahoma, 2021)
BENNINGFIELD v. FISCHER-COLUMBO
2021 OK CIV APP 18 (Court of Civil Appeals of Oklahoma, 2021)
Duke v. Duke
2020 OK 6 (Supreme Court of Oklahoma, 2020)
ANDREW v. DEPANI-SPARKES
2017 OK 42 (Supreme Court of Oklahoma, 2017)
Tutein v. Arteaga
60 V.I. 709 (Supreme Court of The Virgin Islands, 2014)
VARBEL v. VARBEL
2014 OK CIV APP 25 (Court of Civil Appeals of Oklahoma, 2014)
In Re Gc
2012 OK CIV APP 40 (Court of Civil Appeals of Oklahoma, 2012)
Saul v. State
2012 OK CIV APP 40 (Court of Civil Appeals of Oklahoma, 2011)
Tidwell v. Bezner
2010 OK CIV APP 143 (Court of Civil Appeals of Oklahoma, 2010)
Rowe v. Rowe
2009 OK 66 (Supreme Court of Oklahoma, 2009)
In the Matter of BTW
2008 OK 80 (Supreme Court of Oklahoma, 2008)
Marriage of Norrod v. Norrod
2007 OK CIV APP 65 (Court of Civil Appeals of Oklahoma, 2007)
Marsh v. Marsh
2007 OK CIV APP 60 (Court of Civil Appeals of Oklahoma, 2007)
Arehart v. Arehart
2006 OK CIV APP 4 (Court of Civil Appeals of Oklahoma, 2005)
Fleck v. Fleck
2004 OK 39 (Supreme Court of Oklahoma, 2004)
Wallis v. Wallis
2003 OK CIV APP 77 (Court of Civil Appeals of Oklahoma, 2003)
Crocker v. Crocker
2003 OK CIV APP 58 (Court of Civil Appeals of Oklahoma, 2003)
Bradt v. White
190 Misc. 2d 526 (New York Supreme Court, 2002)
Daniel v. Daniel
2001 OK 117 (Supreme Court of Oklahoma, 2001)
In Re Adoption of MCD
2002 OK CIV APP 27 (Court of Civil Appeals of Oklahoma, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
916 P.2d 1355, 1995 WL 697959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahre-v-kahre-okla-1995.