COMMONWEALTH OF MASSACHUSETTS
Plymouth/Brockton,
SS PROBATE
COURT
DOCKET
NO.: 06D0566-DV1
**************************
LAURA
BONETZKY-JOSEPH, Plaintiff
Vs
MARLON
JOSEPH, Defendant
**************************
LAURA
BONETZKY-JOSEPH’S PROPOSED JUDGMENT ON CUSTODY AND PARENTING PLAN
RELATED
ISSUES
1. CUSTODY:
a. Mother
shall have full legal and physical custody of the children. The parenting time
with the children is set forth below. The Father shall cooperate as to any
updates Mother may need to the medical care, education, moral and religious
development, and welfare, regarding the children. The school system shall be Hull Public School
without prejudice. Since the children were recently moved to an entirely new
school district in Bridgewater, MA, they have not yet developed roots there so
this shall not be an issue. The oldest daughter, Alexandria is age 14 and
currently in grade 9. The middle daughter, Shannon, is age 11and in grade 6.
The youngest daughter, Kelly, is age 8 and in grade 3.
b. Father
shall be remanded for incarceration for 60days without parole.
2.
NON-HOLIDAY
PARENTING SCHEDULE:
a. The
Mother shall have primary physical custody of the children and Father shall
receive visitation. Father shall cooperate with Mother in regards to visitation
and abide by the court’s orders or he shall forfeit his rights to any
visitation. Father shall have supervised visitation on Wednesdays from 4-6pm in
Hull. Father shall pick up the children at the Hull Police Department and shall
return the children there too. Father shall also have supervised visitations
every other Saturday from 10am-6pm with the pickup and drop off at the Hull
Police Station beginning the second Saturday after the Court’s rulings. After
six months of successful uninterrupted visitation by Father, with a review by
the court and report submitted to this court, Father shall have overnight
visitation with the children every other weekend. At that time, if approved by the court,
Father shall pick up the children every other weekend from Saturday at 9am at
the Hull Police Department and Mother shall pick up the children at the
Plymouth Police station on Sunday at 6pm.
Father shall pay for all the costs associated to the visitations.
b. Father
shall not discuss, probe, or interrogate the children in regards to their
mother or this case. If Father fails to do so, Father will lose visitation rights
with his children.
c. The
Mother shall provide a loving, caring and supportive environment for the
children that is conducive to the emotional development of the children.
3.
ADDITIONAL
TIME – SPECIAL EVENTS:
a. The
Father shall have additional time with the children at all other reasonable
times with reasonable notice via email or txt message to Mother (no less than
48 hours in advance) or by agreement. This shall only take affect once Father
has demonstrated his abilities to restrain himself from emotionally, mentally,
or physically abusing the children and after the Court approves after his six
month probation period of supervised visitation.
b. TRANSPORTATION:
Starting immediately, Father shall pick up and drop off the children for the
first six months at the Hull Police Department. Once the Court has approved the
unspervision, and Father has complied with the visitation agreement 100%
without incident, the parties shall equally share the responsibility of picking
up and dropping off the children as follows: Father shall pick up the children
every other weekend from Saturday at 9am at the Hull Police Department and
Mother shall pick up the children at the Plymouth Police station on Sunday at
6pm. Father shall not have any verbal contact with Mother during transition and
shall park in an area that is safe for the children to transfer to the other
parent. Father shall not park in a way
that will place the safety of Mother and/or the children in jeopardy. Father
shall remain in the car at all times. Mother will escort the children if
necessary.
c. Change
Parenting Schedule: The parenting schedule set forth below
represents a general standard. The Court
acknowledges that due to the parties’ present and potential work schedule, it
may be necessary from time to time for the parties to vary the schedule set
forth below. The parties need to be flexible.
In event a request is made to vary day s or times of visits, barring
emergencies, the requesting party shall attempt to give the other reasonable
advance notice which shall in any event be no less than three days written
notice via email or text message. Father shall not abuse this privilege or he
shall lose his abilities to make temporary changes. The Court also acknowledges
Father repeated patterns of neglecting and abusing such privileges in the past
and shall lose all visitation rights if he attempts to abuse this privilege.
d. Clothing,
Homework, etc: Father shall turn over immediately all
the children’s personal belongings including all clothing, toys, books,
personal care items, or anything the children deem “theirs”. Father shall not
hinder the transition or interfere with the children’s right to gather their
belongings. If Father fails to comply, the Plymouth Police will intervene on
Mother’s behalf to ensure a smooth transition. Mother shall have the children
adequately prepared and reasonably ready with adequate clothing, homework,
supplies, etc for all parenting time with Father, which shall be returned to Mother
after their parenting time.
e. Emergency Authorization: In the event of any illness, injury, or
non-routine medical treatment of a child, Mother will have the sole authority
to consent to medical treatment for a child. Father shall make immediate and
prompt efforts to notify Mother of any medical concerns or illness.
f. Communications
About Illness, Injury or Emergency: In the event of any illness, injury, or
non-routine medical treatment of a child, Mother shall have the sole right to
consent to emergency medical treatment for a child. Father shall immediately make every effort to
promptly notify Mother of the illness, injury, or non-routine treatment. In the
event that the child is at the hospital or doctor’s office and/or while a child
is being treated, Mother shall have the right to be with the child at all times
regardless of the parenting schedule set forth below.
g. Removal
of children:
Neither parent shall permanently remove the children out of the
Commonwealth of Massachusetts without the other parent’s express written
approval or the approval of the Massachusetts Courts obtained pursuant to MGL
c. 208, sec 30. However, in the event
Father, by act of his own, loses visitation with the children, Mother will not
have to seek the permission neither from Father nor from the Court.
h. Access
to Information:
i.
Records and individuals. Each party shall have the right after email
written notice, without order of the Court, to review and have direct access to
all educational, medical and dental records of the children. Any copies receive
by either parent shall be mailed to the other parent immediately. If the parent
who obtains copies and fails to do so will be required to pay for any out of
pocket expenses not limited to legal fees and court fees to compel the other
parent to forward copies. Father shall have the right with permission of Mother
or the Court, to consult and meet with individuals, experts, and/or
professionals who provide services to the children, including those at any
educational institution the children are attending. If Father creates problems,
becomes abusive, or employs tactics to harm Mother or the children, Father
shall automatically lose those rights.
Mother shall make all decisions in regards to the counseling and therapy
needs of the children without Father’s consent. Mother shall make sole
decisions in the children’s every day care including setting appointments
and/or cancellations as necessary without obstructions from Father.
ii.
Each party shall have open access to the
children’s records/documents, and agree to share with each other upon request
important records/documents, including but not limited to the following: education, therapy, additional services,
advocates, medical records, birth certificates, passports, vaccination
documentations, and social security cards.
i.
General
Provisions: Neither
party shall attempt not condone any attempt to estrange the children from the
other parent, or to injure or impede the respect or affection of the children
for the other parent. Both parties shall
at all times encourage and foster in the children respect and affection for
both parents outside the absence of abuse or maltreatment. Neither parent shall
denigrate the other parent, alienate the other parent from the children, or in
any manner to injure or interfere with the relationship between the other
parent and the children outside the absence of abuse, maltreatment, or abuse
protection order. Neither parent shall discuss the divorce or court proceedings
(except in counseling) or allow others to discuss the divorce case or custody
in front of the children. Neither party
shall use or allow profanity in front of the children.
4. Traveling Outside the
Commonwealth: The Father shall have the right to
remove the children from the Commonwealth of Massachusetts for trips and
vacations which are temporary in nature (no more than 72 hours), to the
neighboring states, but shall notify the other in writing by email or text
messaging in advance of no less than 14 days notice of such trips and vacations
and advise where the children will be and the phone number of the location to
where the children can be reached. The Mother shall have the right to remove
the children from the Commonwealth of Massachusetts for trips and vacations
which are temporary in nature (no more than 72 hours), but shall notify the
other in writing by email or text messaging in advance of no less than 14 days
notice of such trips and vacations and advise where the children will be and
the phone number of the location to where the children can be reached. Father
shall not be allowed to remove the children to travel outside the New England
states or travel abroad without permission from Mother and as long as there is
no question of the children’s safety. If permission is granted and there is no
question pertaining to the children’s safety, Father shall provide Mother all
flight times, flight numbers, plane destinations, itineraries, within a minimum
of 30 days written notice and approval before trip.
5.
HOLIDAY
AND VACATION SCHEDULE
a. The
provisions for holiday and vacation visitation, as set forth in this paragraph,
will supersede the provisions regarding parenting times set forth. Specifically, when there is a holiday which
is described in this Agreement, the parties shall follow the holiday schedule
and interrupt the regular non-holiday schedule. This schedule only takes place
upon Father’s successful completion of the probationary period for visitations
as stated previously.
b. Easter
Sunday. Unless the parties otherwise agree or work
schedules do not permit, the children shall spend Easter Sunday with Mother in
2013, 2014, 2015, 2016, and 2017 to make
up for lost time spent children have not spent with Mother in 2008, 2009, 2010,
2011, and 2012. Afterwards, the children shall be with Father on even years beginning
in 2018 and with Mother on odd years. Easter Sunday shall be defined as Sunday
at 8:00am until 8:00pm
c. Memorial
Day:
Commencing in 2012 and each year thereafter, unless the parties agree otherwise
or the parties work schedule does not permit, the children shall spend Memorial
Day with the Mother as well as in 2013, 2014, 2015, and 2016 to make up for lost time spent children have
not spent with Mother in 2008, 2009, 2010, and 2011. Afterwards, the children
shall be with Father on odd years beginning in 2017 and with Mother on even
years. Memorial Day shall be from 9:00am to 7:00pm
d. 4th
of July: Commencing
in 2012 and each year thereafter, unless the parties agree otherwise or the
parties work schedule does not permit, the children shall spend 4th
of July with the Mother as well as in 2013, 2014, 2015, and 2016, 2017 to make
up for lost time spent children have not spent with Mother in 2008, 2009, 2010,
and 2011. Afterwards, the children shall
be with Father on even years beginning in 2018 and with Mother on odd years. 4th
of July shall be from 9:00am until July 5th dropping the children
off at the residence in accordance to the summer visitation schedule by
approximately 7:00pm.
e. Columbus
Day Weekend: Commencing in 2012 and each year
thereafter, unless the parties agree otherwise or the parties work schedule
does not permit, the children shall spend Columbus Day Weekend with the Mother
as well as in 2013, 2014, 2015, and 2016, 2017 to make up for lost time spent
children have not spent with Mother in 2007, 2008, 2009, 2010, and 2011. Afterwards, the children shall be with Father
on even years beginning in 2018 and with Mother on odd years. Columbus Day
Weekend shall be defined as commencing at 4:30pm on Friday before Columbus Day
until Monday at 7:30pm.
f. Thanksgiving
Holiday: Commencing in 2012 and each year thereafter, unless
the parties agree otherwise or the parties work schedule does not permit, the
children shall spend Thanksgiving with the Mother as well as in 2013, 2014,
2015, and 2016, 2017, and 2018 to make up for lost time spent children have not
spent with Mother in 2007, 2008, 2009, 2010, and 2011. Afterwards, the children shall be with Father
on odd years beginning in 2019 and with Mother on even years. Thanksgiving
holiday shall be defined as commencing from after school on the last day of
classes before Thanksgiving until Sunday at 7:30pm.
g. Thanksgiving
Holiday: Commencing in 2012 and each year thereafter, unless
the parties agree otherwise or the parties work schedule does not permit, the
children shall spend Thanksgiving with the Mother as well as in 2013, 2014,
2015, and 2016, 2017, and 2018 to make up for lost time spent children have not
spent with Mother in 2007, 2008, 2009, 2010, and 2011. Afterwards, the children shall be with Father
on odd years beginning in 2019 and with Mother on even years. Thanksgiving
holiday shall be defined as commencing from after school on the last day of
classes before Thanksgiving until Sunday at 7:30pm.
h. Christmas
Holiday: Commencing in 2012 and each year thereafter,
unless the parties agree otherwise or the parties work schedule does not
permit, the children shall spend the Christmas Holiday with the Mother as well
as in 2013, 2014, 2015, and 2016, and 2017, to make up for lost time spent
children have not spent with Mother in 2007, 2008, 2009, 2010, and 2011. Afterwards, the children shall be with Father
on even years beginning in 2018 from noon on Christmas Day, December 25th
through January 1st at noon and with Mother on odd years.
6.
VACATIONS
a.
February and April Vacations: The parties shall rotate have the children
for February Vacation and April Vacations with the Father taking February on
all even years and Mother taking April on all even years. The week is defined as Monday from 9:00am
through Friday at 7:30pm. This schedule shall commence in 2018 to make up for
lost time spent children have not spent with Mother in 2007, 2008, 2009, 2010,
and 2011.
b.
Summer School Vacation:
i.
The parties shall be entitled to
have the children for two, non-consecutive weeks during the children’s summer
school vacation. The week shall be defined as Monday at 8:00am through Friday
at 7:30pm
ii.
In order to timely schedule the children’s
summer school vacation schedule, including camps and activities, Father shall
notify Mother no later than March 30th in writing to which two weeks
he shall select commencing in 2013. Father shall not select a summer school
vacation period which would occur during a holiday in which the Mother is
scheduled to be with the children. Father shall have this right as long as
there are no concerns or issues concerns abuse or maltreatment by Father and as
long as Father has successfully completed the probationary visitation schedule
without complication or incident. Otherwise, Father will forfeit this right.
7.
MOTHER’S/FATHER’S
DAY: The children
shall always be with their Mother for Mother’s Day commencing in 2012 and shall
always be with the Father for Father’s Day commencing in 2013. In 2012, the
children shall spend Father’s Day with their maternal grandfather to make up
for lost time obstructed by Father. These days shall be defined as Saturday at
6:00pm, the day before Mother’s Day or Father’s Day until Sunday at 7:00pm.
8. LIFE CYCLE EVENTS: It is in the children’s best interest to
attend life cycle events, such as weddings, graduations, funerals, religious
celebrations, and other major family functions.
Therefore, the parties agree to cooperate with each other in
effectuating this provision with each family and household. If such event
occurs during Father’s probationary visitation schedule, Father shall pay all
expenses for the children and mother so Mother may ensure the safety and well
being of her children. Mother will require the names of two competent adults
with whom she feels confident the children will remain safe to escort the
children during this event or be supervised by a Court Appointed Supervisor. If
the event is out of the country, Father will need Mother’s permission to remove
the children from the country to ensure the children will return safe and
unharmed.
9. TELEPHONE CALLS BETWEEN
PARENTS AND CHILDREN: Each parent shall have the right
to telephone the children at all reasonable times in the evening when the
children are with the other parent. The parent with whom the children are then
residing shall make the children reasonably available for a telephone call from
the other parent on a daily basis (absent special circumstances such as
illness, events outside the home, etc.)
The children shall be permitted to call the parent with whom they are
not then residing at all reasonable times. To avoid a repeat of past problems,
Father shall furnish the each of the children a working cell phone and pay all
costs associated with the phone so they may maintain unhampered contact with
the other parent and relatives. The
phone will travel back and forth with the child. The parents shall not monitor, record, or
restrict the children’s telephone calls to the other parent. They shall have unrestricted time to speak
with the other parent.
10. MANDATORY THERAPY:
a. The
children shall immediately be engaged in weekly therapy as determined by
Mother. This shall be for a period for no less than one year or fifty-two (52)
sessions to be determined by the children’s therapist after interviews with the
children and parents. The Father shall
pay for any and all costs associated with therapy. Any adjustment to the
schedules for the children shall be made accordingly as determined by the
children’s therapist and Mother.
b. The
Father shall not delay of interfere with the maintenance or selection of the
children’s therapist. Father shall not use an undisclosed named counselor who
may have been selected without prior notification prior to trial in October 2011
or without Mother’s consent. Therapy will start with the children forthwith as
soon as the therapist’s schedule permits.
11. PARENTING TIME:
a. Once
Father’s probationary visitation has been successfully completed, the parties
shall have the right and responsibility to see and take the children
individually and/or collectively as the parent time requirements of the
children may change. Both parties shall
give the other reasonable notice, 48hours in advance or by agreement of any
reasonable changes. If Father abuses this privilege, his rights to this section
will be terminated and he will reimburse Mother any out of pocket expenses for
such abuse.
b. During
all parenting time, Father shall be responsible to assure that the children
attend all regularly scheduled activities, appointments, and religious
obligations. Mother shall provide Father with any communication received from
those activities, appointments, etc. The
parties shall use email and text message to keep the other informed of all
activities, changes etc. In the event of an emergency, each will have telephone
contact directly with the other about the children or life cycle events (i.e.
death, funerals, etc) only. Neither Father, Step-Mother (Andrea Joseph) nor
Mother shall attempt or condone any attempt to estrange the children from the
other or to injure or impede the respect or affection of the children for the
other, but on the contrary shall at all times encourage and foster in the
children respect and affection for both parents. No plans shall be made with
the children that supersede the parenting schedule unless otherwise noted in
this order. All discussions shall be
between the Mother and Father in advance of any detailed discussion with the
children. Neither party shall condone or
approve of overriding of the other’s parenting times and authority of their
time with the children of through the children. Any missed parenting time due
to illness or Mother, will be made up within 60 days. If Father misses
parenting time for any reason, he shall not be allowed to make up the time. The
Step-Mother, identified as Andrea Joseph, shall also abide by the terms of this
agreement.
c. The
Mother owns a therapy dog used for healing known as “Ava”. Father shall not
discourage or prevent the children’s relationship with the family dog in any
way, and shall encourage the relationship.
12. MEDICAL INSURANCE: The Father shall maintain a family medical
and dental plan to also include psychotherapy and eye care for the
children. If Father changes employers
who have a public plan, the Father shall provide written notice to the Mother
and provide medical insurance to the Mother pursuant to M.G.L. c.175 Sec 110(i)
regardless of remarriage by the Father. If Father cannot provide health
insurance for the children, the Mother will be required to do so if available
to her and Father will reimburse Mother for any out of pocket expenses. The Father shall pay any co-payments for the
children and non-covered expenses as stated above.
13. CHILD SUPPORT /
ALIMONY:
The Father shall pay Mother a weekly child support based on the current
child support guidelines. Father shall
produce the tax returns for 2010 and 2011 to determine the rates within 2 weeks
of this judgment. ALIMONY? Am I entitled based on the fact John defrauded the
Divorce decree by trying to force Mother to sign away her father’s rights to
any criminal wrong doing of the monies stolen?
14. EMANCIPATION;
Child support, if applicable, shall continue until the emancipation of the
children at which time payment shall cease.
Emancipation shall be deemed on any of the following events: (a)
marriage of the child; (b) permanent residence away from the residence of the
Mother, this shall not include temporary residence for school, college, or
summer camp or with the Father; (c) death; (d) entry into the armed forces,
peace corps or the like; (e) graduation from high school and not principally
dependent on the parent until age 21, however, if the child is then admitted to
college and enrolled in full-time academic courses, payment shall continue for
so long as the child is a full-time student, but not later than age 25, of (f)
as further defined, including all current and future amendments under M.G.L.
Chapter 208, Section 28 as amended.
15. TAXES:
a. The
Father shall be entitles to claim two of the children as dependency exemption
on his Federal and State Income tax returns for all the years as long as father
has been fully compliant with all child support, medical expenditures, and any
other financial obligations.
b. Father
shall immediately turn over a copy of his 2006 and 2007 federal and state tax
returns and immediately (within 7 days) reimburse Mother half of the returns plus
(6) six percent interest as a penalty for failing to abide the Divorce
agreement.
16. EXTRA-CURRICULAR
ACTIVITES:
Bother parties shall pay one half of all extra-curricular activities of
the children including, but not limited to school expenses, sports, music, camps,
field trips, proms, and school functions. These expenses shall not exceed
$2,000.00 per child, per year. No child
shall be enrolled in any event or program exceeding $200.00 without prior
written notification to the other parent, said notification not to be
unreasonably withheld. If the extra-curricular activity is booked during
Father’s parenting time, he shall attend or take the child to the activity or
have adjustment to the weekly parenting schedule but only after all reasonable
attempts to keep the schedule and/or only after a recommendation by the
children’s therapist.
17. REGARDING CONTEMPT
ISSUES:
a. 2006 and 2007 Taxes
Returns:
Father shall immediately turn over a copy of his 2006 and 2007 federal
and state tax returns and immediately (within 7 days) reimburse Mother half of the returns plus (6)
six percent interest as a penalty for failing to abide the Divorce
agreement.
b. Visitation
interference:
Father shall be sanctioned $100 per visit missed with mother and Mother
shall have make-up time as laid out previously in this order. Father shall also pay for all of Mother’s
current legal fees associated with this custody case from March 2009 to the
date of this order for a total of $125,000. Father shall also be remanded into
custody for each day Father did not bring the children to visitation with
Mother as court ordered for a maximum of six months.
c. Vacation Itineraries: Father shall be sanctioned $500 per count of
violating the agreement regarding Father being required to provide Mother an
itinerary for any trip planned for the children for a total of (9) trips
planned for a total of $4,500. This shall be paid to mother in full within 90
days of this order. Failure to do so will result in additional sanctions and
penalties and will be remanded into custody to serve a 30 day sentence.
d. 2007 back child care
expenses: $100 per week from June 15th
– September 1st for a total of $1,000 plus 6% interest …… Must be
paid within 60days.
e. Medical/school/professionals: Father shall immediately turn over any and
all records pertaining to the children’s medical care, dental care, orthodontics,
school records, and therapy records. Father shall have a suspended sentence of
60 days to comply with this order.
Father shall not attempt to interfere or hamper Mother’s efforts to
access this information in any way.
18. TAPING THE CHILDREN AND
MOTHER:
Father shall cease and desist any taping of conversations between Mother
and her children. Any tape recording to have been found, prior to Judge Menno’s
order shall deemed unlawful and shall be forwarded to the District Attorney’s
office for investigation and prosecution as afforded under the law.
19. MOTHER’S PRIVATE
INFORMATION: Mother has the right to safeguard her
personal information. Father’s attempt to access or to access her personal and
private information shall be deemed unlawful and shall be forwarded to the
District Attorney’s Office. Father knew of should have known that Mother’s
private personal IRA information was private. Evidence provided warrants and
investigation in which Father used his securities license to access and change
Mother’s investment accounts without authorization. Mother shall forward all
information to the District Attorney’s Office for investigation into Father’s
unlawful acts to her personal identity.
20. PURGERY: Father’s affidavit stating the DCF was going
to take away the children anyway if the Court’s did not grant him emergency
ex-parte custody. The DCF case worker
and evidence proves otherwise. Father
willfully manipulate and abused this court‘s discretions with the false
statements given at the consequences of the welfare of his children. This is an
egregious act and will not be tolerated. This will be forwarded to the District
Attorney’s Office for prosecution. This
court will seek the highest of penalties for this crime.
Laura
Bonetzky-Joseph
By
Her Attorney,
Dated: _________________________________________
R.
Christian Hauffler, Jr., BBO# 225860
HAUFFLER
ASSOCIATES
22
Washington Street
Norwell,
MA 02061
781-837-3800
