STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA


 

DONNA M. IBERO,


Plaintiff,


-vs- Index #H-9936


JOSE L. IBERO,


Defendant.


 



FESSENDEN, LAUMER & DEANGELO

(Mary K. Barr, Esq. of

Counsel) for Plaintiff



BURGETT & ROBBINS

(Dalton J. Burgett, Esq.

of Counsel) for Defendant


 

DECISION



GERACE, J.


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


 

JOSEPH GERACE

Supreme Court Justice