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Cloutier v. Blowers8/31/2001
On Appeal from Orleans Family Court March Term, 2000 Edward J. Cashman, J.
John Blowers (father) appeals from an Orleans Family Court order that awarded sole legal and physical parental rights and responsibilities to Suzanne Fletcher (mother) and visitation rights to father. According to father, the court erred because it (1) based its custody decision upon father's age, (2) applied a best-interests-of-the-mother standard in reaching its custody determination, (3) required the parties to file proposed findings of fact and conclusions of law at the close of mother's evidence but prior to father's presentation of evidence, and (4) met with the parties without their attorneys present. We reverse and remand for a new trial.
The family court found the following facts. Father and mother met in 1992, their son, Tarik, was born in 1993, and they separated in 1996. Father and mother were never married. Throughout the parties' relationship, they maintained separate households, although they often lived together. From Tarik's birth until the court's final order awarding mother sole parental rights and responsibilities, the parties shared equal responsibility for Tarik's care. During the parties' relationship, mother lived in Newport, Vermont; however, in 1997, she moved to Stowe. Father lives in West Glover, Vermont, where he has lived since 1971. Mother was previously married and had four children, one of whom died in an automobile accident in 1990.
In July 1996, mother petitioned the court for an order allocating parental rights and responsibilities. In August 1996, the court entered a temporary order of shared legal and physical parental rights and responsibilities pursuant to the parties' stipulation.
The hearing on the final order commenced in April 1998. On July 13, at the close of mother's evidence, the court instructed the parties to file proposed findings of fact and conclusions of law at the next hearing, prior to father's presentation of evidence. Father objected to providing mother with his proposed findings and conclusions, arguing that it would be unfair and prejudicial for mother to have his findings and conclusions prior to his presentation of the evidence. The court rejected father's argument, and the parties filed their findings and conclusions with the court and exchanged them with each other. Father presented evidence over the course of four days, and the hearings were completed on July 29, 1998.
On July 31, the parties appeared before the court without their attorneys and discussed the case and their respective positions. At that time, the court gave the parties a proposed joint custody order and asked them to review it with their attorneys. The following week, both attorneys filed an objection to the proposed order. The court issued its final order on August 12, 1998, and subsequently issued findings of fact and conclusions of law. This appeal followed.
Where, as here, parents cannot agree to joint custody, the trial court "must award primary (or sole) parental rights and responsibilities to one parent." Cabot v. Cabot, 166 Vt. 485, 493, 697 A.2d 644, 649 (1997). The award must be based on the best interests of the child. Gilbert v. Gilbert, 163 Vt. 549, 553, 664 A.2d 239, 240-41 (1995). In determining the best interests of the child, the court must take into account all relevant evidence, including the factors set forth in 15 V.S.A. ยง 665(b). See id., 664 A.2d at 241. Trial courts have broad discretion in determining the best interests of the child. Myott v. Myott, 149 Vt. 573, 578, 547 A.2d 1336, 1339 (1988). " hen reviewing the factual findings of a trial court we view them in the light most favorable to the prevailing party
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