Griffin v. GriffinAnnotate this Case
Husband and Wife were married and had a daughter who was born in 2006. In 2009, Husband filed a complaint for divorce. In 2012, the family law magistrate appointed a guardian ad litem (GAL) for the child. In 2013, after a trial, the district court entered an amended divorce judgment awarding shared parental rights and responsibilities in most respects, allocating primary residence of the child to Husband, and ordering that Mother engage in post-judgment counseling with a counselor approved by the GAL. The Supreme Court affirmed in part and vacated in part, holding (1) the consent provision of Maine’s Interception of Wire and Oral Communications Act authorizes a parent to vicariously consent, on behalf of his or her minor child, to intercept the child’s oral or wire communications with another party when the parent has a good faith, objectively reasonable belief that it is necessary and in the child’s best interest to do so, and the record supported the district court’s determination that Father provided such vicarious consent in this case; and (2) the district court erred in ordering that the GAL continue services post-judgment to approve Mother’s counselor.