Murtari - Appellate Brief Notes

Notes for Appellate Brief

Although complaining about "potty training", she kept Mr. Murtari in the dark, and refused to visit Dom's Pediatrician to discuss it.
This child did not eat at daycare for over a year, because he wanted his father. She refused to ask for Mr. Murtari's help.
Dom would cry when Mr. Murtari brought him back to her after visits. She refused to make any small take to ease the transition, and closed the door when Domenic was relunctant to enter.
There were unanswered concerns about the amount of time she would be able to spend with Domenic during the degree program.
Her refusal to even be polite to Domenic's father, caused problems.
It appeared Domenic was unable to discuss his father with her without emotional anxiety. He obviously understood her feelings about daddy.

Was this move generated from real need, or desire to separate Domenic from his father (the love Dom had for his father continued to bother her).

Gave impression she had been accepted for PhD. Dr. Riegel, her expert, was unaware she had been accepted only into a Master's Program.Expert said there are jobs here.
She seemed to have no real need. Had not worked, or seriously looked for work since May (6 months prior).
Did not really try to use her prior Bachelor's degree in photojournalism.
But admitted she could support herself here if the move was denied.
She admitted the "expert" was only hired for the Trial, not for genuine career counseling.
Had no idea what amount of money she would be paid in California.

She failed to compy with the court order regarding Sunday visitiation and phone contact.

Domenic won't come to the phone for daddy -- although he obviously loves his company.
Contrary to her testimony -- as much as Mr. Murtari has tried, he has not gotten an extra minute with his child in California.
She has blocked over 50% of sunday visits -- so much that the Law Guardian had to intervene.

His 83 year old mother (he is the only child), would not move. She is set in her ways -- and he does not want to force her.
The business gives him the flexibility he needs.

There was simply overwhelming witness testimony regarding the warm and positive relationship between Domenic and his father.

From Cherly Kwiek, a nearby relative with children Dom's age. She testified to a warm environment. She had no concerns at all.
Another cousin, Amy Murtari, also observed warm conduct.
A coworker, George Law, had chances to watch Domenic and John play.
Mr. Murtari himself stated his sincere feelings:

Regarding making time for Domenic.
During transition, Dom is eager to see him (even though he spends a minority of the time with Dom).
Expressed his frustration that Adrianne would not respond to his requests to make things easier for Domenic -- especially when she shut the door in her child's face.

Wants to share, without stripping his ex-wife of contact.
Has attempted to work through the system to preserve his relationship to Domenic.
Is worried about what will happen to Domenic's development.
Would leave Domenic with Mom in preference to a sitter.
Had tried to talk to Adrianne about potty-training. He ended up talking to the Doctor alone and they agreed on a plan of action.
Has no goal in antagonizing his ex-wife. Is not attempting to control her.
Explained why he tried to engage Adrianne in small talk to make transition easier for Dom.
He appeared to be chided by the Law Guardian for this.

Mr. Murtari has introduced Domenic to faith. She has no plans to bring him to church in California.

Had room for Domenic.
Good school district in Baldwinsville, NY -- same one his two cousin's children (about the same age), attend.
He has a flexible schedule to watch after Domenic.
Has a large extended family in the area, mother, cousins, who Domenic sees.
Adrianne has no family or other help in California. She sees herself as a victim, as a survivor.
Is active in the community, does volunteer work.