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IN RE THE MARRIAGE OF: LUIZ A. TENORIO, APPELLANT, AND SUSETE S. TENORIO, RESPONDENT. |
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No. 17099-3-III
No. 17360-7-III
No. 17361-5-III
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Washington Court of Appeals
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Source of Appeal: Appeal from Superior Court of Franklin County Docket No: 95-3-50302-7 Judgement or order under review Date filed: 01/05/1998 Judge signing: Hon. Dennis D. Yule
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May 18, 1999
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Judges: Authored by John A. Schultheis Concurring: Stephen M. Brown Kenneth H Kato |
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Counsel: Counsel for Appellant(s) Luiz A. Tenorio (Appearing Pro Se) 915 South 10th Avenue Pasco, WA 99301 Counsel for Respondent(s) Janet M. Helson Columbia Legal Services 101 Yesler Way, Suite 300 Seattle, WA 98104-2528 Counsel for Other Parties Joe King (Appearing Pro Se) Official Court Reporter PO Box 3051 Tri-Cities, WA 99302 Lisa Lang (Appearing Pro Se) Official Court Reporter PO Box 3051 Tri-Cities, WA 99302 Rene Munoz (Appearing Pro Se) Official Court Reporter PO Box 3051 Tri-Cities, WA 99302 |
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The opinion of the court was delivered by: Schultheis, C.j. |
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Panel Two |
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UNPUBLISHED OPINION |
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This appeal represents a consolidation of multiple trial court decisions issued by multiple Judges in Franklin County. The common underlying action is the custody determination of the parties' minor daughter, Jullye Tenorio. This long and bitter battle has been waged since 1995 and involves an international scope, including attorneys, ambassadors and consuls from the United States, Mexico, Guatemala and Brazil. We affirm the trial court decisions. |
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Susete and Luiz Tenorio are Brazilian nationals who have resided in the United States pursuant to several temporary visas. They resided together in Brazil prior to coming to the United States. They have one child, Jullye, who was born in 1987. The parties married in Idaho in 1992. They separated in 1995. The final decree of dissolution was entered in Franklin County on November 12, 1996. |
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When they separated, Ms. Tenorio and Jullye went to an area domestic violence women's shelter. An affidavit from a shelter advocate indicates Mr. Tenorio quickly found the location of the confidential shelter by secretly following Ms. Tenorio home from work. Consequently, the next time they sought assistance from the shelter, Ms. Tenorio and Jullye had to be moved to a shelter located out of the area. |
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An order of protection was entered in Franklin County on December 4, 1995, which granted Ms. Tenorio a yearlong order of protection as well as custody of Jullye. In that order Mr. Tenorio was granted supervised visits and was required to participate in parenting classes, batterer's treatment and individual counseling. |
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Mr. Tenorio immediately filed a petition for dissolution. A second temporary parenting plan was entered only a few weeks later by a different Judge, which made no mention of the December 4, 1995, restraining order. The second temporary parenting plan also gave Ms. Tenorio primary residential care of Jullye but granted Mr. Tenorio unsupervised alternating weekend visits as well as midweek visits. Ms. Tenorio's attorney signed the second temporary order with the revised visitation schedule. |
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In January 1996, the entire Tenorio family left Franklin County together to return to Brazil. The parties dispute the reason for the departure. Ms. Tenorio claims it was because Mr. Tenorio told her they were being deported. Mr. Tenorio claims it was a mutual decision to leave, with approval of counsel, because the couple had apparently decided to remain as a family unit and that the dissolution action would "be made inactive." The record supports both contentions. |
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After a few weeks in Brazil, Ms. Tenorio took Jullye and hid from Mr. Tenorio after claims of further abusive conduct. When Mr. Tenorio found them, he allegedly took Jullye by force. Ms. Tenorio and two other witnesses assert a gun was involved in the abduction although Mr. Tenorio vehemently disputes this fact. Mr. Tenorio hid the child in Mexico for over a year. Ms. Tenorio had no idea where her daughter was during this time. |
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Believing Mr. Tenorio and Jullye had returned to the United States, Ms. Tenorio obtained a Writ of Habeas Corpus from the Benton County Superior Court. Police sources confirmed that Mr. Tenorio and Jullye had returned to Washington, although they were unable to locate him to execute the writ. Nevertheless, Mr. Tenorio, through the Immigration and Naturalization Service (INS), knew that law enforcement was attempting to execute the writ. Mr. Tenorio later contacted the Benton County Sheriff's Office regarding the writ; however, he refused to disclose his location to them. |
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A trial on the dissolution action was held in Franklin County Superior Court on November 12, 1996. The court found that Mr. Tenorio was in hiding with the child during the trial and, consequently, was not present. Nevertheless, the pleadings reveal Mr. Tenorio was actively represented by counsel during the entire proceeding. Additionally, the findings indicate the dissolution was entered after a trial on the merits. Mr. Tenorio firmly contends the dissolution decree was based on an order of default. The record does not support his contention. |
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The decree of dissolution awarded Ms. Tenorio custody of Jullye. Mr. Tenorio's time with Jullye was restricted based on acts of domestic violence, his abusive use of conflict and because he hid her from Ms. Tenorio for a protracted period without good cause. The decree stated that Mr. Tenorio was not to have contact with Jullye until the court determined visitation was in the child's best interests. |
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Ms. Tenorio eventually located Jullye and Mr. Tenorio in Mexico in June 1997. For reasons not disclosed in the record, the three of them returned to Franklin County where an agreed parenting plan was entered. The new parenting plan gave custody of Jullye to Mr. Tenorio. |
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The parties dispute the events preceding the revised parenting plan being entered. Mr. Tenorio contends it was simply an agreed order. He claims Ms. Tenorio retracted all the prior false allegations against him. As proof, he introduced documents signed by Ms. Tenorio and witnessed by embassy officials |
