The Supreme Court of Alaska held in Charles J. v. Shellie J., Not Reported in P.3d, 2013 WL 1933117 (Alaska).the father of the children barred from any contact with the children until he produced professional evidence that such contact would no longer be harmful to them.
Charles and Shellie J. married for the second time in 2004. They have three children together: Faith, born in 2005; Jeremiah, born in 2006; and Grace, born in 2008. Shellie has another minor child, Joshua, born in 1999, who lived with the family as well.
Shellie suffered from mental illness during the second marriage. She was diagnosed with depression, post-traumatic stress disorder, and personality disorder. She was hospitalized many times.
There were two reported cases of domestic violence during the marriage. The first incident occurred in April 2009, when Charles struck Joshua on the face and head while the boy was fighting with his sister Faith. The second incident occurred in January 2011. Charles was alone with the children when two of them began to fight in a dark room. Charles responded by throwing a light bulb, which shattered and caused some small cuts to Jeremiah’s face.
Shellie obtained a Long Term Domestic Violence Protection Order for herself and the children. Charles also faced criminal charge of 4th degree assault, which was heard in Veteran’s Wellness Court and dismissed after he successfully completed the Vet Center Anger/Domestic Violence Program.
Shellie filed a complaint for divorce. At trial the children’s counselor testified that the children were afraid of their father and that they claimed he had sexually and physically abused them. The children’ psychiatrist testified that the children’s anxiety and other symptoms had shown improvement through therapy but that contact with Charles would cause the children to regress.
Shellie and Charles gave conflicting testimony. Shellie testified that she had endured mental, physical, and sexual abuse from Charles, which Charles denied. He testified that Shellie was overly critical of his parenting and denied abusing the children.
The two treatment providers were not retained experts; their testimony was based on experience attending to the patient rather than being hired to review a file and develop an opinion. Counselor Laurel Searcy, LPC, and Psychiatrist, Dr. Jill Abram, both examined the children as a member of the treatment team and based their testimony on their direct observations.
The court admitted the children’s hearsay statements because the counselor and psychiatrist testified that the statements were credible and were likely not the product of coaching. The court considered the evidence of Shellie’s past hospitalizations due to mental health. The court held that due to Shellie’s continuing treatment, she was currently able to act effectively in the world, which includes taking care of her children.
The Superior Court’s decision to bar all contact was based on adequate findings, relying as it did on the opinions of the children’s counselor and psychiatrist that any contact with Charles would cause regression in the children’s fragile but improving mental health. The Superior court ordered that Charles have no contact with the children until professional evidence is submitted to the court that contact with the father will not be harmful to the children. Since this evidence is not in Charles’s control, he may request the Superior Court’s help in obtaining it.
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