Irwin v. Irwin, WD
| Decision Date | 14 August 1984 |
| Docket Number | No. WD,WD |
| Citation | 678 S.W.2d 861 |
| Parties | Janet Sue IRWIN, Respondent, v. Donald Boss IRWIN, Appellant. 35285. |
| Court | Missouri Court of Appeals |
Joseph Howlett, Clayton, for appellant.
Craig A. Van Matre, Columbia, for respondent.
Before PRITCHARD, P.J., and SOMERVILLE and KENNEDY, JJ.
Husband appeals from portions of decree of dissolution of marriage awarding custody of minor children to wife with limited visitation rights to husband, awarding wife maintenance and attorney fees, and dividing marital property. He also challenges the trial court's previous order awarding wife temporary maintenance. Wife has filed a motion for attorney fees on appeal which is taken with the case.
Judgment affirmed and cause remanded with instructions.
Husband first assigns as error the placing of the minor children in the custody of the wife and the limitation of husband's weekly visitation rights to a time and place to be arranged by the Missouri Division of Family Services. The periods of visitation were to be not less than four hours each week and were to be under the supervision of that agency.
It is claimed that the trial court abused its discretion in this matter because the record shows no abuse of the boys by their father. However, respondent has filed a transcript of testimony of the older boy from a hearing on the husband's motion for temporary custody. This transcript had not been included in the husband's record on appeal. The boy's testimony showed that, having suffered his father's blows whenever the father became intoxicated--some three or four times a week--and having witnessed the father's physical abuse of the mother for as long as he could remember, the boy was afraid to be alone with the father. The father had repeatedly abused the mother in the children's presence and, in one instance, had hurt the older boy in an attempt to attack the mother. The assertion that there is no likelihood of physical abuse of the boys by the father is contradicted by this testimony. The point is denied.
Husband further complains, incidentally to his complaint that the evidence does not justify the restriction on the visitation, that the trial court made no express finding as a predicate therefor, "that visitation would endanger the child's physical health or impair his emotional development", § 452.400(1), RSMo 1978. No fact findings were...
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...the child's physical or emotional well-being, are deemed to have been found in accordance with the result reached. Irwin v. Irwin, 678 S.W.2d 861, 862 (Mo.App.1984); R. With regard to limited or supervised visitation, § 452.400 does not require that the court award limited or supervised vis......
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...banc 1984), and we must assume that all fact issues were found in accordance with the result reached. Rule 73.01(a)(2); Irwin v. Irwin, 678 S.W.2d 861, 862 (Mo.App.1984). As we have recited, the defendant wired the plaintiff $25,000 in April 1987. This sum included $14,000 to $15,000 which ......
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Marriage of Swofford, In re, 17959
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