In re marriage of Maxson
| Docket Number | 83108-9-I |
| Decision Date | 13 March 2023 |
| Parties | In re the marriage of: JODY WAYNE MAXSON, Appellant, v. REBECCA KRISTINE MAXSON, Respondent. |
| Court | Washington Court of Appeals |
UNPUBLISHED OPINION
Jody Maxson challenges a parenting plan that imposes RCW 26.09.191 restrictions, limiting his unsupervised residential time with his minor daughter, A.M. We conclude the trial court did not abuse its discretion in rejecting a proposed parenting plan to which A.M.'s guardian ad litem objected and in ordering restrictions on Jody's time with A.M. based on his history of abuse and domestic violence.
Rebecca[1] and Jody married on September 2, 1989. Thirty years later, on March 3, 2020, Jody filed for divorce. The couple have six children, five of whom are now adults and four who lived outside of the home at the time of the divorce. The youngest, A.M., was twelve years old at the time of trial.
After filing for divorce, Jody filed a proposed parenting plan in which he alleged that Rebecca had mental health concerns that affected her ability to parent. He asked the court to limit the amount of time Rebecca had with A.M. and to require Rebecca to undergo mental health treatment. Approximately one month later, on April 7, 2020, Jody filed a second proposed parenting plan. This proposal made no mention of Rebecca's mental health concerns and retracted his request for his proposed limitations.
On April 16, 2020, the court issued a temporary parenting plan placing A.M. with Jody, and requiring the mother's residential time to be monitored because of concerns about Rebecca's "alleged endorsement of paranoid delusions" made during a 2018 psychological evaluation. The court ordered the mother to complete a mental health evaluation with Dr. Marsha Hedrick. It also appointed a guardian ad litem (GAL) and directed the GAL to investigate "all issues related to making a parenting plan" for A.M., and Rebecca's mental health issues. It ordered the GAL to prepare a report covering these issues and A.M.'s preferences for the parenting plan, and to make recommendations based on this investigation. Elizabeth Garrett accepted the appointment as GAL in late April 2020.
As part of her investigation, Garrett spoke with both parents and all six of their children, as well as other members of the extended family. She reviewed the parents' psychological reports and evaluations and spoke with Dr. Hedrick, who evaluated both parents.
In June 2020, after speaking with A.M. and hearing multiple reports of a history of abuse, Garrett made a referral to Child Protective Services (CPS). Pending the CPS investigation, the parties agreed that A.M. would live with her cousin, Marisa Bass.
Garrett filed an interim report on September 18, 2020. Garrett described Jody as "very controlling and emotionally abusive to [Rebecca] during the marriage." Rebecca reported to Garrett that Jody had kept her isolated during the marriage, controlled all their finances, and demeaned and berated her when she disagreed with him. Rebecca provided numerous anecdotes corroborating these claims. She reported that Jody threw things at her in anger but had never hit her during the marriage. The report also noted that Rebecca was diagnosed with a delusional disorder in 2018.
Garrett further reported that all five of the adult children felt that A.M. should not be placed with Jody. They described their father as controlling and manipulative as well as physically, verbally, and emotionally abusive to them growing up. They similarly reported that Rebecca was physically verbally, and emotionally abusive. The oldest son, Brendan reported that "he was beat[en] with a belt repeatedly for small things as well as humiliated and demeaned by both [of] his parents." He included examples of abuse, such as being hit with a 2x4 board, thrown, pushed face-first into a toilet full of excrement, and denied food as a form of punishment. Another son, Joseph, who was living in the home with A.M. and the parents, told the GAL that he "put his life on hold to be there for [A.M.]" so that he could intervene and prevent the parents from abusing her. His allegations of abuse are similar to those of Brendan. The other three children provided comparable reports to the GAL.
According to the GAL's interim report, A.M. was afraid of being with her father. She reported that she did not feel safe with Jody and told Garrett that Joseph prevented her parents from yelling at or hitting her. A.M. told Garrett that
Jody filed a detailed response to the GAL report and denied each of the allegations. Jody admitted using corporal punishment in the past but insisted that he had not used it against A.M. for approximately six years. He acknowledged that he was a strict parent to his older children but denied having ever acted abusively.
In November 2020, Rebecca moved to modify the April 16, 2020, temporary parenting plan, seeking custody of A.M. The court acknowledged that the GAL's interim report provided a significant history of abuse regarding the other children and said "the court cannot ignore the fact that this child has resided in the home where such concerning behaviors occurred and whether or not she was the subject of the abuse or merely a witness, [A.M.] is fearful." The court granted Rebecca's motion and issued a new temporary parenting plan, awarding custody of A.M. to Rebecca with the caveat that A.M. had to continue residing with Bass and promptly begin therapy. The court reserved making any findings under RCW 26.09.191. The court granted visitation to both Jody and Rebecca on alternating weekends.
On January 7, 2021, the court again amended the temporary parenting plan. The court noted that it "typically reserves findings pursuant to RCW 26.09.191 for the trial court" but, in this case, the court received enough evidence to find that both parents had committed both physical and repeated emotional abuse and both had a history of domestic violence. The court was concerned, based on the interim report, Jody's responsive declaration, and Dr. Hedrick's reports, that Jody lacked insight into the damage his behavior had caused and that he failed to recognize the gravity of his behavior and its significant effects. The court found that "[e]ven if it is true that the father has not physically abused [A.M.], the Court still has concerns that the father may still be emotionally abusive."
The court ordered that A.M. The order further dictated that all parenting time should be supervised.
Jody's visitation with A.M. appears to have gone well. Multiple visitation reports noted that they have a natural rapport, are able to maintain age-appropriate conversations, and appear to have a good relationship.
On April 20, 2021, Garrett submitted the final GAL report. This report included updates regarding the new parenting plan and the parents' progress with their court-ordered domestic violence assessments and therapy. Garrett reported that A.M. was thriving while living with Bass but that A.M. believed her mother had made positive changes and wanted to live with her mother and Joseph. According to the report, A.M. was comfortable spending time with Jody when others were present and wanted visitation with him but did not feel safe staying the night with Jody and did not want to live with him. The final GAL report recommended, among other things, that Rebecca be designated the primary parent and that Jody's parenting time remain supervised.[2]
On April 30, 2021, the parties entered into a mediated CR 2A agreement, which addressed the remaining issues in their divorce and included a proposed final parenting plan. While the parents had previously acknowledged court findings related to their history of physical and emotional abuse and domestic violence, the agreed proposed parenting plan presented to the court lacked this acknowledgement. They asked the court to approve a plan designating Rebecca as the primary custodian, granting Jody unsupervised residential time every other weekend, and allowing joint decision-making.
On June 9, 2021 the parties appeared before the court and asked the trial court to enter their proposed final orders, including the agreed proposed parenting plan. The GAL objected, arguing that the parenting plan was not in the child's best interest. Both Rebecca and Jody urged the court to sign the order over these objections. Jody acknowledged that the GAL had the right to object to their proposed plan but argued that, because the GAL was not a party to the case, the court had the authority to disregard the GAL's report and any GAL objections.
The trial court denied their request and ordered the parties to proceed to a contested trial on the issue of the parenting plan. At trial, the court allowed Garrett to testify, to call witnesses, and to cross-examine the parents' witnesses.
The trial court heard testimony from three of Jody and Rebecca's adult children-Joseph, Brendan, and Angelique. These witnesses described the physical and emotional abuse they experienced while growing up. All three testified they were worried about A.M.'s safety and believed their parents would abuse her. And all three testified that A.M had told them she was afraid to be alone with Jody. Joseph testified that his parents had previously punished A.M. using a leather...
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