Stahl v. Bayliss
Stahl v. Bayliss
Opinion of the Court
Opinion
The defendant, Eugene R. Bayliss, Jr., appeals from the trial court’s judgment of dissolution. On appeal, the defendant claims that the court improperly (1) incorporated a 2003 stipulated parenting plan into its 2005 final dissolution decree without first determining whether it was in the present best interests of the minor children, (2) violated his due process rights by issuing orders without providing him an opportunity to conduct a meaningful hearing, (3) refused to hear his motions related to custody and (4) failed to grant him alimony. Because we agree with the defendant with respect to his first claim, we do not reach the remaining issues.
The following facts and procedural history are relevant to our resolution of the defendant’s appeal. The parties were married on October 29, 1983, and have
Following the initiation of the dissolution action, the parties, as part of the early intervention custody program, signed a fourteen paragraph handwritten document entitled “Stipulation Regarding Custody and Visitation.” The terms of the stipulation provided, inter alia, that the parties would share joint legal custody of their two minor children, that the plaintiff would have primary physical custody of the minor children and that the minor children would remain in their present schools. The terms of the stipulation also specified that the parties believed the stipulation was in the best interests of the children and included a statement of the parties’ intention to bifurcate the financial issues of the dissolution from the custodial issues. Finally, paragraph fourteen of the stipulation provided that any additional issues regarding custody and visitation would be mediated by attorney Sandra Lax.
On September 9, 2003, in open court, the court stated that it approved the stipulation and found it to be “fair and equitable under all the circumstances . . . .” After approving the stipulation, the court explained that “[a]t the time a final decree enters in this matter . . . this court or any other Superior Court will incorporate by reference this particular stipulation as the custody and visitation orders of the court.”
On April 6, 2004, prior to the trial on the financial issues, the defendant filed a motion to modify and to vacate the stipulation. In support of his motion, the defendant argued that the orders regarding the custody and visitation of the children had not “worked effectively and [were] not serving the best interests of the
On the first day of trial, September 14, 2004, Thomas D. Colin, the attorney for the minor children, inquired of the court whether the trial would proceed solely on the financial issues or whether the custody and visitation issues also would be heard. Colin requested that he be excused from the trial but be permitted to appear and be heard at final argument if the trial was to proceed solely on the financial issues. The court stated that it did not know whether the defendant’s counsel would be addressing the motion to modify and explained that if there was no objection from counsel for the parties, Colin could return if custody issues arose. The defendant’s counsel indicated that he was unsure whether the custody issues would be addressed but objected to Colin’s being permitted to participate in closing argument without being present at trial. Thereafter, trial began without any apparent resolution of the issue.
On February 4, 2005, the court issued its memorandum of decision in which it found that the parties’ marriage had broken down irretrievably, rendered judgment dissolving the marriage, and issued various orders
The defendant claims on appeal that the court improperly incorporated the parties’ 2003 stipulation into its final decree without first determining whether it was in the present best interests of the minor children. We agree.
“In a dissolution action the custody of minor children is not finally determined until entry of the decree dissolving the marriage.” Hall v. Hall, 186 Conn. 118, 122, 439 A.2d 447 (1982). “It is statutorily incumbent upon a court entering orders concerning custody or visitation or a modification of such order to be guided by the best interests of the child.” Wilson v. Wilson, 38 Conn. App. 263, 269, 661 A.2d 621 (1995). “In reaching a decision as to what is in the best interests of a child, the court is vested with broad discretion and its ruling will be reversed only upon a showing that some legal principle or right has been violated or that the discretion has been abused.” El Idrissi v. El Idrissi, 173 Conn. 295, 301-302, 377 A.2d 330 (1977).
In Guss v. Guss, 1 Conn. App. 356, 360-61, 472 A.2d 790 (1984), this court addressed a situation analogous to the present case. There, the marriage of the parties was dissolved, and custody of their two minor children was awarded to the defendant mother. Id., 357. Subsequently, the parties entered into a stipulation modifying the judgment of dissolution. Id., 358. The stipulation
On appeal, we reversed the judgment in part and concluded that “[t]here was no determination, other than at the time the judgment was modified in accordance with the stipulation, that the enforcement of the agreement would serve the best interests of the children. A child’s best interests, however, cannot be prospectively determined. [Rather] the court was bound to consider the child[ren’s] present best interests and not what would have been in [their] interests at some previous time.” (Emphasis in original; internal quotation marks omitted.) Id., 360-61; see also In re Juvenile Appeal (Anonymous), 177 Conn. 648, 664, 420 A.2d 875 (1979).
In the present case, the court did not make a best interests determination at the time of its final decree in February, 2005. Rather, it summarily incorporated the parties’ September, 2003 stipulation despite the uncertain status of renewed mediation and the uncertain status of the motion to modify. Although the stipulation may have been in the children’s best interests in 2003, the court was not free to assume that those interests remained unchanged more than one year later in February, 2005. Moreover, although the defendant did agree in 2003 to abide by the stipulation, which provided for mediation of the custody and visitation issues, this
In this opinion LAVTNE, J., concurred.
At the time of the dissolution, the children were ages eighteen, fourteen and thirteen, respectively.
At a pretrial hearing held on April 6, 2004, the defendant informed the court of his motion to modify and to vacate. The parties subsequently presented argument regarding whether the stipulation was to be incorporated by reference into the final decree or become a pendente lite order. The court ordered that a status conference be held in order to review the transcript of the September 9, 2003 hearing during which the stipulation was adopted. On April 16, 2004, the status conference was held, and, after review of the relevant transcripts, the court refused to entertain the defendant’s motion, concluding instead that the stipulation was “not afinal decree. And it is only a final decree when the final decree takes place when the finances are taking place, but it’s in the nature of a de facto order.” Despite the refusal to rule on the motion to modify, the motion reflects an order entered on October 8, 2004, by the court denying the motion.
This is apparently due to the fact that the mediation had not occurred. During the defendant’s closing argument, his counsel stated that “there is still a motion pending before this court with respect to custody and visitation. It has now been referred back to attorney Lax for mediation pursuant to the last paragraph of the September 9 stipulation, and we’re going to have to deal with it apparently postjudgment.” In addition, attorney Colin referred to the parenting and custody issues being resolved “for the time being” and expressed concern that the children “know they still have hanging over their head [the defendant’s] pending motion to modify and vacate the September 9, 2003 stipulation.”
Indeed, the plaintiffs counsel conceded at oral argument that the record is devoid of any reference to the results of the mediation.
Our Supreme Court has stated that “[t]he issues of finance and custody, however, are inextricably intertwined with one another. As we have stated,
In light of our conclusion that a remand is necessary and the corresponding possibility that custody could be awarded to the defendant, the trial court will be required to reconsider the issues of support and alimony as well.
Dissenting Opinion
dissenting in part. Although I agree with the majority that the judgment of the trial court must be reversed because the court improperly failed to determine the best interests of the parties’ children at the time of dissolution, I do not agree that the court must revisit its financial orders on remand. See footnote 5 of the majority opinion. The defendant, Eugene R. Bayliss, Jr., filed two motions to modify the parties’ stipulation regarding custody and visitation, and in neither motion did he seek primary custody of the children. The defendant requested only that the court order the family relations division of the Superior Court to undertake a custody evaluation that would address the problems that he had experienced with the stipulation. Specifically, the defendant alleged in his motions that the plaintiff, Celine M. Stahl, had disparaged him to the children and had not supported his relationship with them. Even if the defendant’s motions ultimately are resolved in his favor, there will be no effect on the
Reference
- Full Case Name
- Celine M. Stahl v. Eugene R. Bayliss, Jr.
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- 10 cases
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- Published