Orellana v. Orellana

Summary

The court modified an order in a visitation proceeding by reinstating the father’s alternating weekend visitation through Sunday evening, holding that the reduction in visitation lacked a sound and substantial basis in the record. The court affirmed permission for the mother to travel with the child to El Salvador, finding that the travel served the child’s best interests and that the father presented no evidence of danger.

Holdings

1. The reduction of the father's alternating weekend visitation lacked a sound and substantial basis in the record and was therefore improper; the branch of the mother's petition seeking that reduction was denied.
2. The Family Court providently exercised its discretion in permitting the mother to travel with the child outside the United States on vacation, including to El Salvador.

Questions Presented

1. Whether the Family Court properly modified the father's alternating weekend visitation by ending visits at Saturday evening when the child had school the following Monday.
2. Whether the Family Court properly permitted the mother to travel with the child outside the United States, specifically to El Salvador.

Disposition

other