Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Curtis v. Medeiros

Supreme Court of Maine

December 15, 2016

JAMES-ROBERT G. CURTIS
v.
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

          Jason C. Barrett, Esq. (orally), Eaton Peabody, Ellsworth, for appellee James-Robert G. Curtis

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          GORMAN, J.

         [¶1] 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 the judgment.

         I. BACKGROUND

         [¶2] 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.

         [¶3] 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.