On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FD-13-0581-00.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Alvarez and Skillman.
Plaintiff K.P. appeals from a January 21, 2011 order granting defendant F.U. unsupervised parenting time with the parties' twelve-year-old daughter. Both parties are self-represented on appeal, as they were during the proceedings in the Family Part which resulted in this order. After reviewing the record, for the reasons that follow, we reverse and reinstate Judge Kilgallen's June 28, 2010 order, requiring defendant's parenting time to be supervised by the Monmouth County Supervised Visitation Program.
Judge Kilgallen's order issued after a plenary hearing and interview with the child. As set forth in her statement of reasons appended to the order:
The Plaintiff has requested that the Court suspend the Defendant's parenting time with [the child]. She claims that the Defendant failed to appear at the police station for scheduled parenting time exchanges. This fact was acknowledged by the Defendant during oral argument. The Defendant indicated that he was too upset about the child support situation decision to exercise his parenting time. This has hurt and confused [the child].
Both parties sought to have the Court interview [the child]. [The child] arrived at the Court House for an interview on June 15, 2010. She appeared somewhat shy, but had no problem meeting with me. She is a very pretty and very sweet young girl.
At the Plenary Hearing, the Plaintiff testified about [the child]'s difficulties[,] . . . ADHD, Obsessive Compulsive Disorder and anger issues. Although [the child] displayed no anger, the Court could see that she had some limitations. However, she was able to clearly articulate her feelings. [The child] stated that her father always took her to the Shop Rite supermarket for their visits. She said that they would sit in the back of the store and eat something with the Defendant's friend Tony. [The child] said that her father and Tony rarely spoke to her. She seemed upset by the fact that her father used the "F" word a lot.
She recalled that on one occasion when she got up to use the bathroom, her father told her to "sit the 'F' down." [The child] said that her father had told her that he was going to take her away from her mother, which upset her. She also stated that her father would play music in the car which contained bad words.
Therefore, the Court will Order that the Defendant's parenting time shall be supervised for at least a twelve week period th[r]ough the Monmouth County Supervised Visitation Program to confirm that the Defendant appears on time and on a regularly scheduled basis and to confirm that the Defendant does not say anything inappropriate to [the child].
Both before and after that decision, the parties have engaged in extensive vituperous motion practice, not only with regard to visitation, but as to defendant's obligation to pay child support.
A little over two months after the entry of Judge Kilgallen's order, on September 10, 2010, defendant filed a notice of motion seeking to: reduce child support - due to no job. I have been unemployed for over 8 years. I live off of a certain fixed amount a year.
I have tried for several years to obtain visitation to see my daughter. I would like to know my daughter['s] address in case of an emergency. I ...