Sunday, December 8, 2013

Hanke v. Hanke case brief

Hanke v. Hanke case brief summary
615 A.2d 1205 (1992)


CASE SYNOPSIS
Appellant mother challenged an order from the Circuit Court for Harford County (Maryland) that granted appellee ex-husband overnight visitation with their young child. The trial court held that the mother's concerns of sexual abuse by the husband were unfounded.

CASE FACTS
The mother's concern for the safety of the parties' young child stemmed from the ex-husband's pleading guilty to having sexually abused his stepdaughter. After the trial court entered its order that granted the ex-husband unsupervised, overnight visitation, the mother moved the children from the state to Kentucky. The trial court then changed the child's custody to the ex-husband and terminated any child supported the mother was receiving.

DISCUSSION
  • The court reversed the order of custody and visitation based upon the substantial evidence that supported the mother's concerns that the ex-husband posed a threat for sexually abusing the child. 
  • That evidence included the husband's testimony related to the prior sexual abuse of the stepdaughter, plus psychological examinations, and the child's reporting of the husband molesting her. 
  • The court further found that the trial court was clearly wrong in concluding that the mother's concerns were mere overreacting because there was a basis for her belief based upon past behavior, and in any event it was clear that the trial court failed to act with the best interests of the child in mind.
CONCLUSION
The court reversed the order that granted the ex-husband unsupervised, overnight visitation with the young child because the trial court was clearly wrong in granting such visitation when the trial court failed to consider the best interests of the child. The court further directed that Maryland courts no longer had jurisdiction as such appeared to have been assumed by Kentucky courts.


Suggested law school course materials, hornbooks, and guides for Constitutional Law

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.