Desmond v. Desmond
Annotate this CaseAndrew and Abby Desmond divorced pursuant to a judgment providing that their child would have primary physical residence with Abby and that no set schedule for contact with Andrew was anticipated as a result of Andrew's anticipated assignments as a U.S. Marine in other countries. On a motion to modify the divorce judgment, the court ordered that the child have regular and meaningful contact with Andrew, who was then based in Japan. After holding several status conferences and multiple case management conferences to assure that a summer visit occurred, Andrew ultimately declined to effectual a summer visit. The district court then entered an order determining that the visit could not occur and terminating the services of the guardian ad litem. The Supreme Court affirmed, holding that the district court did not err in (1) determining that Andrew's decision not to propose an alternate schedule for the visit was "regrettable"; (2) terminating the services of the GAL; and (3) denying Andrew's Me. R. Civ. P. 52(b) motion.
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