STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
DONNA M. IBERO,
-vs- Index #H-9936
JOSE L. IBERO,
FESSENDEN, LAUMER & DEANGELO
(Mary K. Barr, Esq. of
Counsel) for Plaintiff
BURGETT & ROBBINS
(Dalton J. Burgett, Esq.
of Counsel) for Defendant
Defendant seeks definite temporary visitation,
especially with his son, Nathan, who has rejected the
visits and talks with his father. Jenny, the daughter, does
get along reasonably well with her father; they have
telephone talks and she visits with him.
In an effort to resolve temporary visitation without a
hearing, the Court scheduled a an in camera conference with
the children, and separately with each of the parents.
Nathan's attitude toward his father has not changed
since the last in camera conference. He doesn't want anything
to do with his father. In fact, when asked to identify
himself for the record, he replied, "Nathan Ibero, son of
Donna!". This was done in the presence of the father.
The father has attended PEACE. While the mother has not
because of a work scheduling conflict, she is willing to
attend a session. In the meantime, the Court directs her to
read the PEACE literature.
Nathan advised the Court that before the breakup of the
marriage, he enjoyed going to soccer games with his father;
that he would like to go to the World Cup games in 1996; that
he would prefer to have his sister or some friend along if he
must see his father.
The Law Guardian recommends that visitations be regular,
but brief, and not overnight. The Court appreciates that it
will take considerable time before visitations can be
meaningful to Nathan and his father. It is going to take a
great deal of patience, trial, and error.
It will take strong cooperation by the mother; she seems
willing to provide it.
On all the papers before me, and the in camera sessions,
the Court decides as follows:
That the father is entitled to have the children visit
with him at least 2 hours on a weeknight, and two hours on a
weekend, the dates and times to be arranged during the week.
Visitation of the children may be separate. Such visitation
may take place in connection with school activities such as
concerts, soccer games, school plays; every effort should be
made by all parties to avoid interfering with school
activities, but, such activities cannot totally deprive the
father of his visits.
Visits are not to be at the home of the father.
If the parents and children cannot work out a visitation
schedule; or if there is a lack of cooperation by anyone in
the family on visitation, the matter should be brought to the
attention of the Law Guardian for resolution, and, if it
cannot be resolved, then to the Court.
Nathan is to make himself available for telephone calls
from his father, or, to return his calls; and to make a
manful effort to conversation. Telephone calls by the father
should not be later than 9 pm.
The defendant is to submit a proposed order.
Dated: March 2, 1995
Mayville, New York
Supreme Court Justice