Washington v. Marquis

Summary

The court affirmed Family Court’s minor modifications to a prior visitation order, including limiting persons who could attend the mother’s visitations and prohibiting derogatory comments or questioning during telephone conversations. It held that the mother waived objection to the child’s in-camera Lincoln hearing by failing to object below and that Family Court did not abuse its discretion in conducting the hearing in camera.

Holdings

1. The mother's challenge was unpreserved because she did not object when the child's attorney requested permission for the child to testify in camera.
2. Family Court did not abuse its sound discretion in determining that the child's interests would best be served by testifying in camera.
3. The mother's contention that the father failed to demonstrate a sufficient change in circumstances to justify modifying visitation lacked merit, and the minor modifications were affirmed.

Questions Presented

1. Whether Family Court abused its discretion by conducting a Lincoln hearing in camera rather than compelling the child to testify in open court.
2. Whether the mother's failure to object to the in camera procedure preserved her challenge for appellate review.
3. Whether Family Court had a sound and substantial basis to modify the prior visitation arrangement in the child's best interests.

Disposition

affirmed