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DISTRICT COURT DIVISION
jousrow coun OmTEN TY FILENO: 13 CVD 2345
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‘CATHERINE DONOVAN,
Paint,
vs PERMANENT CUSTODY ORDER
DANIEL ATWwooD,
Defendant,
‘Tils CAUSE coming onto be heard and belng heard before the undersigned Detect
Cour judge on the Domestic Relations Session of District Court of Johnston County
fon the 31* day of August, 2015 onthe Defendants Mation inthe Cause, Motion to
Modify Custody and Motion fr Contempt. The Plaintiff was not present aa the
Defendant was present and represented by Charles P. Bullock. The Court after
aviewing the evidence and exhbits presented, and arguments of counsel makes the
Following’
FINDINGS OF FACT.
1. _The Plaintiffs citizen and resident ofthe Commonwealth of Massachusetts,
and is neither a minor nor an incompetent
2. The Defendant's citizen and resident of Chester VT
3. The parties are the parents of one (1) child ta wit: CAROLINE GRACE
DoNOvAN-ATWoOD, DOB July 24, 2008,
4. _ The parties have previously participated in other ligation nthe State of
Massachusets involving the minor child and a Court Order (dated June 9, 2011} n
docket # 0401509 was entered in sald state
5. _ The Platt on or about Jay 31,2013 filed a complaint in Johnston County
ile Number 13 CVD 2345 requesting tls Court grant her custody of the minor
eh6 Onor about November 4, 2013 the Defendant filed a motion and petition in
Johnston County Fila Number 13 CVD 2345 to register the Massachuscts order and
the Plaintiff never fled an obectin to the registration ofthe Massachusetts oer
7. Onorabout December 30,2013, this Court entered a Temporary Order
warding jointlogal custody ofthe minor chil to the parties.
8. ‘The temporary Order superseded any provious Orders of the Massachusetts
‘Court ragaraing visitation of he Defendant
9 ‘Thaton May 11,2015, the Court entered an Order granting the Defendant
station,
10. _ Since the entry ofthe May 11,2015, Order, the Plaintiff moved back to the
Commonwealth of Massachusets,
14. _Onfuly 13,2015, the Defendant Aled an ation seeking emergency custody of
‘the minor eit
12. This Court granted the Defendant's request and entered anex-parte order
placing the minor child inthe Defendants temporary custody.
13. Areturn hearing to detormine che custody ofthe minor child was calendared
by Order of thie Court on fly 20-2015,
14. On August 10, 2015, this Court entered an Order placing the minocchildin
the primary physeai custody ofthe Plaintif and allowing the Defendant secondary
custody nthe form of visitation.
45, _ The Court ordered tho Dfendant shall have custody ofthe minor cil until
Friday, uly 34,2015 6:00pm, The the Plant shall have custody fortwo (2),
‘weeks unt Friday, August 14,2015 at 6:00 pum. when the Defedant shall have
‘custody of the minor child fr two (2) weeks, The parties shall rotate every Swol2)
‘weeks until the minor child starts schol.
16, On August 14,2015, the Defendant travelled tothe exchange location to
ogi his visitation seth the minor chi
17. _ Prior tothe exchange, the minor child began texting the Defendant she did
hot wish to attend the vistaion unless he was allowed to keep her cell phone3. Asubstantal change in circumstances afeting the welfare ofthe minor child
has ocurred since the entry ofthe August 10, 2015 Order: the Plaintffhas deni the
Defendant access to the minor child since the entry ofthe August 10,2015 Order and
while in the custody af the plait, the minor child has suffer alleged panic,
ateacks, has exhibited mental health issues and began texting the defendant dake
and ominous messages referring to being “placed in a coffin fr (amy ao ving
‘without her
4. The minor child shall be placed in the sole an primary physical eustody of
the Defendant
5. North Carolina has exclusive and continuing jurisdiction
ITISTHEREFORE ORDERED, ADJUDGED, AND DECREED as follows:
1.__‘The Defendant shall have sole and primary custody ofthe minor child and
shallmake all decisions concerning the minor cil
2. ‘The Plantif is ordered to obtain a psychological evaluation and follow the
‘recommended course of treatment.
3. The Pint shall be allowed supervised visitation with the minor child when
itis deemed appropriate by the minor childs therapist Tho minor child's therapist
and the Defendant shall establish the supervised visitation schedule. All supervised
isiaton shall ake place ata supervision center or by a person which sll be
selected by the Defendant and approved by the minor childs therapist
4 Anyand all members oflaw enforcement are directed to assist theDefendant
{in obrainng custody of tne minor child and compliance with te Orders of thisourt
5. Each party shall foster and loving nurturing relationship between the ther
party and the minor child
{6 This mater shall be retained forthe entry of futher Orders
ss
Taisthe 1” day of eptember, 2015, )
Ali bent
istrict CourtJwde Presiding