Vanden Heuvel v. Vanden Heuvel

• Citation: 254 Iowa 1391,121 N.W.2d 216
• Decision Date: 09 April 1963
• Docket Number: No. 50938,50938
• Parties: Howard Gene VANDEN HEUVEL, By His Mother and Next Friend, Sally Vanden Heuvel, Appellee, v. Jaren G. VANDEN HEUVEL, Henry Vanden Heuvel and Gertrude Vanden Heuvel, Appellants.
• Court: United States State Supreme Court of Iowa

Page 216

121 N.W.2d 216

254 Iowa 1391

Howard Gene VANDEN HEUVEL, By His Mother and Next Friend, Sally Vanden Heuvel, Appellee, v. Jaren G. VANDEN HEUVEL, Henry Vanden Heuvel and Gertrude Vanden Heuvel, Appellants.

No. 50938.

Supreme Court of Iowa.

April 9, 1963.

Life, Davis & Life, Oskaloosa, for appellants.

Newton Dilley, Grand Rapids, Mich., and Robert J. Spayde and Dwaine Meyer, Oskaloosa, for appellee.

LARSON, Justice.

This habeas corpus action of Howard Gene Vanden Heuvel, by his mother and next friend, Sally Vanden Heuvel, plaintiff, against Jaren G. Vanden Heuvel, the father, and Henry Vanden Heuvel and Gertrude Vanden Heuvel, paternal grandparents of the minor child, defendants, alleges the child is illegally restrained of his liberty be defendants, and Sally's rightful custody of him is prevented.

On April 3, 1962, a writ was issued and served upon the defendants, who appeared and filed pleadings in the matter, including a counterclaim asking that they be granted the full care and custody of Howard, then about two and one half years of age, and alleging that it would not be for the child's best interest and welfare to give custody to the mother, Sally. The issue for the court's determination here, as in the usual case of this kind, is in whose custody will the best interest and general welfare of the child be served--a very simple question will no completely satisfactory answer.

The trial court, after a lengthy trial, found the equities were with the mother and granted to her the care, custody and control of the plaintiff, Howard Gene Vanden Heuvel. The defendants have appealed contending the trial court erred in finding the mother was a fit and proper person to have custody of the child, that the best interest of the child would be obtained by granting the custody to the mother, and in permitting the removal of the child to the mother's residence in the State of Michigan. We shall consider these contentions in that order.

The record discloses that Sally, now 22 years of age, and Jaren, now 26 years of age, were married at Grand Rapids, Michigan, on January 29, 1960, after an acquaintance of about one year while both were attending Calvin College. They set up housekeeping in an apartment at Kalamazoo, Michigan, where Jaren was then attending Western Michigan University. Some financial and emotional difficulties arose, making the marriage somewhat less than ideal. Howard was born July 30, 1960. The evidence adequately supports a finding that due to illness, a not unusual product of mental and emotional disturbances at such time, Sally did not keep house in an acceptable manner subsequent to the marriage and that, after the child's birth, she failed to give him proper care and attention or exhibit love and affection for him. Up until the seventh month of her pregnancy Sally was employed, and at one time was the sole source of the family income. Conditions did not improve in the next two and one half months after Howard's birth and Jaren urged Sally to take the baby to his or her parents for a while. She consented to visit his parents in Iowa and, although obviously quite ill, Jaren sent her and the child alone by train to Ottumwa, Iowa, where they were met by his parents. The mother and child were then taken to the farm home near New Sharon, Iowa. After spending approximately two weeks at the Henry Vanden Heuvel home, Sally left the baby with the grandparents and went to Chicago, where Jaren met her. They then went to Grand Rapids, Michigan. On October 21, 1960, Sally was persuaded to become a voluntary patient at the Pine Rest Christian Hospital, a psychopathic institution maintained largely by the Christian Reformed religious sect. The baby has remained with the paternal grandmother on the Iowa farm, except for two brief visits to Michigan, once to see Sally at the hospital and once to see his father at Kalamazoo. It appears Sally had been assured she could have her child when she was well and able to adequately care for him.

At the Pine Rest Hospital Sally's mental illness was diagnosed as being 'that of a schizophrenic reaction and what is called the schizo-affective type.' She remained at the hospital for about 8 or 9 months and received appropriate care and treatment as a patient of Dr. Stuart Bergsma, M.D., Clinical Director at Pine Rest, (a Fellow of the American College of Surgeons and a Diplomate of the American Board of Psychiatry and Neurology) whose specialty is psychiatry.

Sally's alleged disillusionment and disappointment from a lack of sympathy, love and understanding of her husband, we not altered when Jaren instituted a divorce action against her in the Circuit Court of Kalamazoo County, Michigan, on April 25, 1961. This action culminated in a 'Final Decree of Divorce' dated December 8, 1961, granted Sally on her 'Cross-Bill of Complaint'. On July 12, 1961, she was discharged from the hospital, but she had been permitted to work outside the institution after June 10, 1961.

The record discloses that Sally is a high school graduate has attended Calvin College at Grand Rapids for a year, and is now taking five hours of study there, making a B grade in her courses. Since her discharge from Pine Rest, she has been steadily employed as a practical nurse and now works at the Maple Grove Medical Facility operated by kent County, Michigan, at Grand Rapids. Her work record is excellent and she earns $46.00 per week take-home pay. Her superiors speak highly of her work and personality.

Sally has been residing with her childless sister and brother-in-law, Jeanette and Marvin Diepstra, who own a neat, wellkept, modern and comfortable Cape-Cod bungalow in a very nice residential section of Grand Rapids. It has a large fenced backyard with a sandbox. There are two rooms upstairs available for Sally and Howard, and there are two bedrooms, bath, kitchen, and living room downstairs, and a full basement. There are children in the family next door. Sally pays a modest sum for these facilities and Howard will be more than welcome into that home. Work schedules have been arranged between Sally and her employed sister so that Howard will be provided with full-time and adequate care and supervision in this home.

The record also discloses that since leaving Pine Rest Sally has become quite active in church youth activities and has demonstrated to authorities and acquaintances, many of whom testified for her, a sincere fondness for children and the patience and ability to manage and get along well with them. Her baby-sitting record reflects credit upon her present capabilities, and there was no evidence to the contrary.

The trial court observed that during the long trial, which by the very nature of it was a most emotional experience for her, 'Sally demonstrated a marked degree of sincerity, composure, self-control, poise and stability.'

As to charges of sexual irregularities, three or four of which Sally admitted, the court found they were properly attributed to her then immaturity and her later mental illness. After careful consideration of that evidence, it observed that while those incidents were regrettable, there is 'no reasonable likelihood that they will reoccur.' Only the interested parties gave testimony on this unusual relationship.

It appears an ill-advised attempt to obtain the physical control of Howard by self-help occurred in October, 1961. When Sally was refused the return of her son and was denied the right to visit him on weekends, she sought the aid of a private detective, who unfortunately directed the abortive attempt to take the child from a store in Oskaloosa, Iowa. That activity was wholly improper, as Sally now sorrowfully admits. The mistake was made, she says, because of her great desire to regain her son and by accepting and following such poor advice from another.

Dr. Bergsma, Sally's psychiatrist, and Dr. Edwin M. Williamson, M.D. (Chief of Staff of Plainwell Sanatarium, Kalamazoo, Michigan), who at the request of one of the attorneys representing Jaren in the divorce proceedings, made careful and thorough psychiatric examinations and evaluations of Sally just before this trial and sometime subsequent to her discharge from the Pine Rest Hospital, and each expressed the opinion that Sally had recovered from her mental illness and is, from a psychiatric standpoint, a fit and proper person to have the care and custody of her minor child Howard. While it is true these doctors used the term 'remission' in describing Sally's condition, it was the trial court's understanding, as it is ours, that they intended to indicate thereby that Sally has, for all practical purposes, recovered from her mental illness and that the possibility of any recurrence is remote. Dr. Bergsma, after his examination of April 20, 1962, said, 'the patient is in good remission and has constantly improved since she has been discharged from the hospital. Her attitude and general behavior are very good. Her stream of mental activity is clear and logical and all she states was relevant. * * * she was dressed in a restrained way and very neatly, was calm, in no way disordered and remarkably composed. She spoke open-facedly and open-mindedly, was quite natural, without any undue anxiety nor elation nor suspiciousness, nor was there any depression; but she did show concern about having her child restored to her.' As to the probability of a recurrence he testified on cross-examination, 'Any illness can be repeated--a schizophrenic condition is a functional condition. There are certain forms which become permanent which she (Sally) did not have.' He further testified, 'By the word remission we mean that the patient has reached a stage in her recovery which others might call a 'cure'. We mean that she has reached a mental adjustment in which she is adjusting once more on a plane that is what may be considered normal, so that she is in good adjustment with herself, with her fellow men and...