JAMES-ROBERT G. CURTIS
FLORANIA DA SILVA MEDEIROS
Argued: October 27, 2016
Christopher R. Largay, Esq. (orally), Largay Law Offices,
P.A., Bangor, for appellant Florania Da Silva Medeiros
C. Barrett, Esq. (orally), Eaton Peabody, Ellsworth, for
appellee James-Robert G. Curtis
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR,
HJELM, and HUMPHREY, JJ.
Florania Da Silva Medeiros (Medeiros) appeals from a judgment
of the District Court (Bangor, Campbell, J.) denying
her motion to enforce her 2011 divorce from James-Robert G.
Curtis and modifying the terms of that 2011 divorce judgment.
Medeiros contends that the court erroneously interpreted the
original divorce judgment concerning her authority to take
her and Curtis's minor child on an annual trip to Brazil,
and that the court violated her fundamental right to parent
by modifying the divorce judgment to award contact with the
child to the paternal grandparents pursuant to 19-AM.R.S.
§1653(2)(B) (2015). We agree with Medeiros and vacate
Medeiros and Curtis were married in 2002 and divorced by a
judgment of the District Court (Ende, J.) in 2011.
The parties, who both reside in Maine, have one minor child.
Medeiros has American and Brazilian dual citizenship, and her
mother lives in Brazil.
In the 2011 divorce judgment, the court awarded the parties
shared parental rights and responsibilities, and awarded
Medeiros the right to provide the childs primary residence.
The court also established a schedule for Curtiss contact
with the child that accommodated his out-of-state work
schedule. With regard to Medeiros's request to travel
annually with the child to Brazil, the divorce judgment
states as follows:
7. TRIPS TO BRAZIL WITH [THE CHILD]: The parties
disagree over whether [Medeiros], who is a citizen of Brazil
as well as a naturalized United States citizen, may take [the
child] with her on her annual visits to Brazil each August,
which are usually 10 to 14 days in duration. Their arguments
are set out in the Interim Order, dated August 24, 2010, and
wont be repeated here. [Medeiros] may take [the child] with
her as of August 2013, or such earlier time as:
a. the parties agree to such in writing; or
b. either of the parties complete the [legal] process of
8. registering this Divorce Judgment in Brazil. [Curtis]
shall return [the childs] passport to [Medeiros], by February
1, 2013 or six months before any earlier trip that the
defendant makes, pursuant to paragraphs 7a or 7b, immediately
above. [Curtis] shall cooperate and shall promptly sign upon
request all necessary paperwork from either the United States
government or the Brazilian government for [Medeiros] to
travel to Brazil with [the child] in August 2013 or ...