Thibodeau v. Thibodeau

2005 VT 14, 869 A.2d 142, 178 Vt. 457, 2005 Vt. LEXIS 15
CourtSupreme Court of Vermont
DecidedJanuary 26, 2005
DocketNo. 03-558
StatusPublished
Cited by1 cases

This text of 2005 VT 14 (Thibodeau v. Thibodeau) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thibodeau v. Thibodeau, 2005 VT 14, 869 A.2d 142, 178 Vt. 457, 2005 Vt. LEXIS 15 (Vt. 2005).

Opinion

¶ 1. Plaintiff Timothy Thibodeau appeals a family court order that denied his motion to terminate a relief from abuse order protecting defendant, Patricia Thibodeau, and the parties’ two children. We affirm.

¶ 2. The parties were once manned and have two minor children together. Defendant has had legal and physical parental rights and responsibilities for the minor children since she obtained a relief from abuse order against plaintiff in October 1995. After a contested hearing, the family court issued a final divorce order on June 11,1997, and a final relief from abuse order on June 20,1997. The divorce order found that plaintiff had physically abused defendant, and the relief from abuse decision reiterated plaintiff’s history of violent behavior towards defendant and found that plaintiff had also physically abused the children. The relief from abuse decision suspended contact between plaintiff and the children until plaintiff engaged in “appropriate mental health counseling to include domestic violence counseling, anger management counseling and empathy counseling.” The court set the duration of this order as “permanent.” Plaintiff never appealed either order.

¶ 3. Shortly after the orders were issued, defendant moved with the children to a place in New York not disclosed to plaintiff. Plaintiff had no contact with the children for five years, although they continued to have contact with members of plaintiff’s family. From June 2001 to August 2002, plaintiff participated in a Batterers Intervention Program (BIP) in fulfillment of a probation condition. In the BIP, “[p]articipants are challenged to identify their own thought patterns or belief systems which underlie the violent behavior, identify risk factors and develop cognitive and behavioral interventions that are non-controlling and non abusive.” In July 2002, plaintiff filed motions to restore pareni>child contact and to review the final relief from abuse order. Defendant supported plaintiff’s request to see the children, and the parties entered an agreement for plaintiff to have contact with the children supervised by plaintiff’s brother and father. The first visit was in August 2002 and appeared to go well. The children had two visits with their father in August 2003, the second of which was marked by anger and confrontation. Plaintiff and his brother had an angry confrontation in front of the children during which plaintiff invited a physical fight. Plaintiff also had an argument with his father that ended when plaintiff went to the police. Additionally, plaintiff became very angry with the children’s guardian ad litem, leaving abusive and threatening messages on his telephone. Following the second August visit, the children insisted on sleeping in the same bed as their mother and exhibited violent behavior. Defendant decided that contact with their father was detrimental to the children and would not agree to further visits. As a result, the matter was presented to the family court.

¶ 4. The court found that plaintiff had not met the requisite conditions for renewed contact with his children. The [458]*458court was concerned with plaintiff’s behavior during the second 2003 visit and set specific conditions he had to fulfill to restore parental contact. Further, the court found that there was no basis to discontinue the final relief from abuse order, but modified it to expire on October 26, 2019.

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Related

Mason v. Mason
2006 VT 58 (Supreme Court of Vermont, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
2005 VT 14, 869 A.2d 142, 178 Vt. 457, 2005 Vt. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibodeau-v-thibodeau-vt-2005.