Light v. D'AmatoAnnotate this Case
Mother, who was from Italy, married Father, and the parties had one child. Father later filed for divorce. The district court entered a divorce judgment finding that, while the parties were both in Maine, it was in the child’s best interest to remain in the primary custodial care of Mother. The court also ordered that, if Mother relocated to Italy, primary residence would shift to Father so the child could remain in Maine. The court also divided the marital real estate, financial assets and debts. The Supreme Court affirmed in part and vacated in part, holding that the district court (1) did not limit Mother’s constitutional right to travel or deprive Mother of her liberty without due process when balancing the parents’ and the child’s rights and interests in reaching its judgment; (2) did not abuse its discretion in refusing to reopen the evidentiary record to allow Mother to present evidence of the parties’ changed residential circumstances and work prospects; and (3) erred in failing to allocate Father’s deferred compensation account to one party or the other after determining it had no marital value.