In Re Marriage of Oldfield

Opinion

FEINBERG, J.

This is an appeal from an order of modification of an interlocutory judgment of dissolution. The order made certain provisions with regard to visitation, ordered the husband (appellant) to return his children to their grandparents’ home, rather than their own home, after visitation with him, denied the husband knowledge of the address of his children, and ordered husband to pay the entire amount of mortgage payments and late charges accrued after he ceased to occupy the community residence. We conclude, first, that the husband was improperly denied knowledge of his children’s address, and reverse that part of the judgment. Second, we conclude that the trial court judge was acting within his discretion to order the husband to return the children to their grandparents’ home after visitation. Finally, we reverse that portion of the judgment regarding the mortgage payments on the community residence.

The parties to this appeal were divorced in July 1977. The interlocutory judgment of dissolution gave physical custody of the two children to the wife (respondent), and granted certain rights of visitation to the husband. In November 1977, the husband filed a motion for modification, requesting clarification of the visitation rights, and an order that each party pay one-half of the mortgage payments and late charges incurred after both parties had ceased living in the community residence.

Visitation

The husband requested that he (1) be informed of the address at which his children and former wife were living so that (2) he could return the children directly to their home after visitation. The wife’s attorney opposed, this request on the ground that there was a “history” of confrontation between the parties and that it was in the children’s best interest to avoid any future altercations. No evidence was introduced to support the wife’s attorney’s contention, and the husband’s attorney

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asserted that there had been only one altercation and that it would not reoccur. In the order granting modification, the judge denied the request to have the wife disclose her address and ordered husband to pick up and return the children to the grandparents’ home.