Paul S. Douglas v. Lisa M. Douglas, 2012 ME 67

Summary

The Maine Supreme Judicial Court affirmed a District Court order modifying a divorce judgment to permit limited, supervised, therapeutic reunification between a father and his child after finding a substantial change in circumstances. The court vacated the portion of the order allocating guardian ad litem fees because the trial court failed to make sufficient findings regarding the fees' reasonableness, necessity, and apportionment.

Holdings

1. A post-divorce modification requires a substantial change in circumstances affecting the child's best interests and, if that threshold is met, a determination of the modification that advances the child's best interests. The District Court had sufficient evidence to find a substantial change in circumstances and properly ordered limited, therapeutic, supervised contact between Paul and the child.
2. When a party files a motion for findings under Maine Rule of Civil Procedure 52(a), the trial court must make explicit findings sufficient to support its judgment. An order requiring a party of limited means to pay guardian ad litem fees must address the basis and reasonableness of the fees and the party's ability to pay; absent sufficient findings, the fee order must be vacated and remanded.

Questions Presented

1. Whether the District Court abused its discretion or committed legal error by modifying the divorce judgment to permit limited, supervised, therapeutic reunification between Paul and the child.
2. Whether the District Court properly approved and apportioned the guardian ad litem fees without providing an opportunity to respond and without making findings concerning the reasonableness and necessity of the fees and the parties' ability to pay.

Disposition

vacated