A New York Family Lawyer said the mother, respondent, and the father were married in 1980, which marriage was dissolved by a Florida Judgment of Divorce in 1986. At the time of the divorce, the mother was awarded primary custody of her three children. In 1988 an acquaintance of the mother entered her Florida home and abducted, raped and brutally attacked the two daughters, killing one of them and seriously injuring another. The father petitioned the Florida Court for a change of physical custody, which was granted in an Order and Judgment dated 7 June 1989. That order, inter alia, granted the mother liberal contact and access with the children including an extended summer and Christmas visitation. The father was also required to facilitate continued counseling for the children in Rochester which he failed to do. Counseling for one of the children was discontinued in 1992 and the other child in 1993 upon the father’s contention that it was no longer needed.
The children visited with the mother in Florida during summers of 1990, 1991, and 1993, and for the three Christmas holidays in those years, while residing the remainder of the year with the father in Monroe County, New York. Summer visitation did not occur during the summer of 1994, as the parties agreed to postpone visitation so one of the children could participate in a softball clinic. The mother drove to Monroe County to visit with the children during Christmas 1994, after the father refused to send them to Florida pursuant to their prior agreement. No visit occurred during the summer of 1995. Despite the attempts of the mother and her attorney to arrange a Christmas, 1995 visit, the father refused to allow the mother to speak with the children when she telephoned and refused to permit that visit to occur.
Subsequently, on 18 December 1995, the mother filed a Motion for Contempt against the father in the state of Florida. On 28 May 1996, the father was found in willful contempt of the Florida order. Counseling with the mother and the children was ordered by the Florida Court, as well as visitation during the summer of 1996.