MAINE	SUPREME	JUDICIAL	COURT Reporter	of	Decisions Decision: 2017 ME 62 Docket: Pen

- 16

- 292 Submitted

On	Briefs: January	19,	2017 Decided: April	4,	2017 Panel: SAUFLEY,	C.J.,	and ALEXANDER , MEAD , GORMAN ,	JABAR,	HJELM,	and	HUMPHREY,	JJ.

HEIDI	VIBERT

v. ANTONIOS N. DIMOULAS

PER	CURIAM [¶1]		Heidi	Vibert	and	Antonios N. Dimoulas	never married but	had	been in	a	long

- term,	high

- conflict	relationship. They	are	the	parents	of	two	minor children.	 	 Dimoulas appeals	 from	 a	 judgment	 of	 the	 District	 Court	 (Bangor, Jordan,	 J. )	 awarding	 sole	 parental	 rights	 and	 responsibilities	 and	 primary residence	 of	 the	 children	 to	 Vibert,	 while	 granting	 Dimoulas	 supervised contact	 conditioned	 on	 his	 submission	 to	a	 psychologi cal	evaluation	and	 the results	thereof.		We	affirm	the	judgment.
I.		CASE	HISTORY [¶2 ] The	trial	court	made	detailed	findings	addressing	all	issues	in	this parental	 rights	 matter.	 	 Those	 findings	 are	 supported	 by	 the evidentiary record.	 	 T he	 following	 fac ts	 are	 derived	 from	 the	 trial court record ,	 which2 must	 be	 v iewed	 in	 the	 light	 most	 favorabl e	 to	 the	 trial	 court ’ s	 judgment.
See Sloan	v.	Christianson ,	2012 ME	72,	¶	2,	43	A.3d	978

. [¶3 ] In	 October	 2014,	 after	 Dimoulas had	 become	 increasingly irrational	 and	 unpredictable, resulting	 in numerous	 contacts	 with	 law enforcement, Vibert	 hid	 the	 children ’ s	 clothing	 in	 plastic	 bags	 behind	 their home	 so that she	 and	 the	 children	 could	 leave	 without	 alerting	 Dimoulas. 1 Vibert	 fl ed	 with	 the	 children	 to	 New	 Hampshire , where	 she	 had	 family support. [¶4 ]	 	 In	 January	 2015,	 Vibert	 filed	 a	 complaint in	 Maine seeking	 a determination	 of	 parental	 rights	 and	 responsibilities. See 19

- A	 M.R.S. § 1653(2)	(2016). Two	months	later,	the court	appointed	a	guardian	ad	litem. On	 August 27, 2015,	 the	 court	 ( Campbell,	 J. )	 held a hearing in	 response	 to Vibert ’ s	emergency	motion	for	interim	relief .		At	the	conclusion	of	the	hearing, the	court orally	stated	its order	on	the	record,	granting shar ed	parental	rights and	 responsibilities	 to	 the	 parties	 and	 awarding primary	 residence	 of	 the children	 to	 Vibert. The	 court	 awarded Dimoulas	 unsupervised	 contact	 on alternating	 weekends , and because	 the	 children	 were	 visiting Dimoulas

1 The	 guardian	 ad	 litem	 reported	 that Dimoulas has had	 211	 contacts	 with	 local	 law enforcement	 since	 1989.	 	 From	 January	 2015	 to	 May	 2015,	 Dimoulas	 was	 involved	 with	 law enforcement	 eighteen	 times,	 usually	 as	 the	 complainant	 and	 sometimes	 in the	 presence	 of	 the children.3 immediately	 after	 the hearing, the	 court	 specifically	 directed	 Dimoulas	 to return	 the	 children to	 their	 mother	 on	 September 2, 2015.	 	 The written version	of	the cour t ’ s order was	entered on	September	3,	2015. [¶5 ]		On	September	2, in	direct	violation	of	the	interim	order, Dimoulas refused	to	return	the	children	to	Vibert.		Two	days	later,	Vibert,	accompanied by	law	enforcement,	retrieved	the	children	 from	Dimoulas.		Although	he	was in	 violation	of	 the	court ’ s	order	by	 refusing	 to	 return	 the	children,	Dimoulas testified	 that the	 police	 “raided”	 his	 home	 and	 that	 he called	 9

- 1

- 1	 several
times while	 the	 police	 were	 still	 at	 his	 home to	 report	 that	 the	 police	 were “kidnapping”	his children. [¶6 ]		A	few	days	later,	Dimoulas	drove	to	New	Hampshire	unannounced and	took	his	son	out of	school.		Dimoulas	attempted	to	take	his	daughter	from her	 school	 as	 well,	 but	 school	 officials	 refused	 to	 release	 her.	 	 Dimoulas brought	his	son	back	to	Maine	and	enrolled	him	in	school. 2 He	kept	his	son	for several	 days	 without	 notifying	 Vibert	 of	 his whereabouts.	 	 At	 the	 time, Dimoulas	 was	 subject	 to	 a	 protection	 from	 harassment	 order	 in	 New Hampshire,	 and	 his	 conduct	 led to	 criminal	 charges in	 New	 Hampshire.

2 Whenever	the	childr en	visited	Dimoulas	in	Maine,	he	re

- enrolled	them	in	Maine	schools	even though	 their	 primary	 residence	 was	 in	 New	 Hampshire and	 they	 attended	 school	 in New Hampshire.	 	 School	 officials	 expressed	 concern	 about	 the	 impact	 that	 enrolling	 and re - enrolling	the children	for	a	few	days at	a	time	had	on	the	children.4 Dimoulas ’ s	 attorney	 in	 the	 New	 Hampshire	 criminal	 action	 requ ested	 a
court
- ordered psychological	exam. [¶7 ]	 	 The	 parties	 proceeded	 to	 a	 final	 hearing	 in	 the	 parental	 rights action	 on	 April	 28,	 2016. The	 court	 ( Jordan , J .)	 relied	 on	 the	 guardian ad litem ’ s	 reports	 and	 testimony	 from	 the	 interim	 hearing	 and	 heard testimony	 from	 Vibert,	 Di moulas,	 and	 Dimoulas ’ s	 children	 from	 a	 previous marriage. [¶8 ]	 	 The	 court	 found	 that	 Dimoulas ’ s	 demeanor	 on	 the	 stand	 was “somewhat	 unsettling,”	 that his	 account	 of	 events was	 disconnected	 from what	 the	 objective	 information demonstrated ,	 and	 that	 Dimoulas “ha[d] shown	a	disturbing	pattern	of	relating	reality	as	he	interprets	it,”	including	his description	 of	 a	wonderful	 relationship	with	 Vibert	 and	 his	 expressed	 belief that	the	interim	hearing	was	a	“sham”	that	was	“staged”	by	both	attorneys,	the
gua rdian ad	litem,	and	the	judge. [¶9 ]	 	 The	 court	 found	 that	 Dimoulas ’ s	 testimony	 and	 demeanor demonstrated	 that	 he	 felt	 entitled	 to	make	 all	 the	 decisions	 for	 the	 children and	 that	 he	 was	 willing	 to	 co

- parent	 “as	long	 as	 [the	mother]	 does	 what	 he wants.”		The	cour t	also	 found	 that if Dimoulas were	given	primary	residence

or shared	 decision

- making	 authority , he was	 unlikely	 to	 foster	 cooperation,5 contact	 between	 the	 children	 and	 Vibert, or stab ility	 for	 the	 children

. 3 The
court ’ s	 findings	 were	 based,	 in	 part,	 on Dimoulas ’ s	 verbal	 and	 emotional abuse	of	Vibert 4 and	 the	negative	effect that Dimoulas ’ s	behavior	had	on	 the children ’ s	emotional,	physical,	and	academic	well

- being. The	court	found	that Dimoulas ’ s	 behavior	 was	 unlikely	 to	 change	 without	 some	 form of
psyc hological	intervention. [¶1 0 ]	 	 In	its	judgment	 entered on May	 24,	 2016,	 the	 court	 considered the	 best	 interest	 factors	 set	 forth	 in 19

- A	 M.R.S.	 §	 1653 (3)	 (2016 ) ,	 and specifically	 addressed	 factors	 (A)

- (K).	 	 In	 p articular,	 the	 court	 noted	 that (1) the	 children	 had	 significant	 relationships	 with	 both	 parents	 and	 their extended	 families;	(2)	Vibert	had	done	well	at	settling	the	children	into	their new	 community	 in	 New	 Hampshire	 where	 Vibert	 had	 stable	 relationships; (3) both	 parties	 were	 capable	 of	 gi ving	 the	 children	 love	 and	 affection; (4) Vibert	 was	 more	 capable	 of	 providing	 appropriate	 guidance	 and	 being

3 Conversely,	the	court	found	that	Vibert	was	more	credible	and	that	her	decisions	and	behavior were	reasonable.		She	had	made	numerous	effort s	to	co
- parent	with	Dimoulas, to foster	consistent telepho ne	contact	between	Di moulas	and	the	children,	and to shield the	children	from	the	parents ’ disputes .	 	 The	 court	 found	 that	 it	 was	 remarkable	 that	 the	 record	 contained	 no	 evidence	 of	 the children	 being	 upset	 with	 their	 mother	 and	 that	 this	 was	 likely	 due	 to Vibert ’ s	 appropriate behavior.

4 The	 guardian	 ad	 litem ’ s	 reports

— which	 contained	 observations	 by	 independent	 witnesses, school	officials,	and	counselors

— confirmed	that	Dimoulas	disparaged	Vibert	in	front	of	the	children and	 that	 Dimoulas	 was “ unable	 t o	 separate	 his	 intense	 anger [ with	 Vibert ] from	 his	 appropriate interaction	with	 the	 children. ” For	 example,	Dimoulas	 repeatedly	 called	 and	 texted	 Vibert , using vulgar	language	and	calling her	vulgar	names.6 cooperative;	 (5)	 Dimoulas ’ s	 anger	 with	 Vibert	interfered	 with	 his	 judgment; and	 (6)	 Vibert	 having	 sole	 authority	 over	 decision

- making	 would	 provid e

mo re	stability	for	the	children. [¶1 1 ] Finding	 that	 the	 previous	 award	 of	 shared	 rights	 and responsibilities	 and	 unsupervised	 contact	 had	 proven	 to	 be	 an	 unworkable arrangement,	 subjectin g	 the	 children	 to	 a	 “tug

- of

- war, ”	 as demonstrated by Dimoulas ’ s	 co nduct	after	 the	in terim	 order,	 the	 court	awarded sole	 parental rights	and	responsibilities a nd	primary	residence	to	Vibert. [¶1 2 ]	 	 The	 court	 granted	 Dimoulas	 supervised	 contact	 on	 alternating weekends	and	reasonable	telephone	contact	during	the	week	to	be monitored by	 Vibert.	 	 Dimoulas ’ s	 contact	 was	 conditioned	 upon	 the	 performance	 and results	of	a	psychological	evaluation.		The	court	further	required	Dimoulas	to sign	releases	allowing	Vibert	to	present	her	account	of	Dimoulas ’ s	behavior	to the	 psychologica l	 examiner	 and	 authorizing	 Vibert	 to	 receive	 a	 copy	 of	 the
examiner ’ s	report. [¶1 3 ] The	 court	 ordered	 that	 the	 children	 not	 be	exposed,	 directly	 or indirectly,	 to	behavior or comments that	disparage	either	parent. The	court also	 made	 findings	 regarding the	 parties ’ incomes	 and	 support	 obligations. The	court	found	that	Dimoulas	had	not	made	any	child	support	payments,	nor7 other	 court

- ordered	 payments,	 and	 that	 Dimoulas ’ s	 testimony	 that	 he	 was unaware	that	he	had	to	make	such	payments	was	not	credible	an d constituted further	evidence	of	Dimoulas ’ s	disregard	of	court	orders.		As	such,	 the	court ordered	Dimoulas	to	pay	a	portion	of	Vibert ’ s	attorney	fees. [¶1 4 ] No	motion	for	further	findings	of	fact	and	conclusions	of	law	was filed. See M.R.	 Civ.	 P.	 52. Dimoulas	 filed	 this	 timely	 appeal. See 14	 M.R.S. § 1901	(20 16);	19

- A	M.R.S.	§	104	(2016); M.R.	App.	P.	2.
II.		LEGAL	ANALYSIS [¶1 5 ]		“When	a	court	determines	parental	rights	and	responsibilities,	it applies	 the best	 interest of	 the	 child	 standar d	 as	 set forth	 in	 19

- A	 M.R.S. § 1653(3).” Grant	v.	Hamm ,	2012	ME	79,	¶	6,	48	A.3d	789 .		We	review	the	trial
court ’ s	factual	findings	for	clear	error	and	its	ultimate	conclusion	for	an	abuse of	 discretion. Id. “The	 judgment	 of	 the	 trial	 court	 is	 entitled	 to	 very substantial	deference	because	the	court	is	able	to	appraise	all	the	testimony	of the	 parties	 and	 their	 [witnesses].” Id .	 	 “ [ W ] e	 review	 the	 record,	 and reasonable	inferences	 that	may	 be	 drawn	 from	 the	 record,	in	 the	light	most favorable	 to	 the	 trial	 court ’ s	 judgment	 to	 determine	 if	 the	 findings	 are supportable	by	competent	evidence.” Sloan ,	2012	ME	72,	¶	2,	43 A.3d	978.8 A. Best	Interest [¶1 6 ]	 	 Dimoulas	 argues	 that	 the	 court ’ s	 factual	 findings	 were	 clearly erroneous	and	that	the	court	abused	its	discretion in	its	award	of	sole	parental rights	 and	 responsibilities and	 primary	 residence	 to	 Vibert.	 	 Dimoulas challenges	 many	 aspects	 of	 the	 court ’ s	 order	 but	 primarily	 argues that	 the court	erred	by	having	an	unwaveringly	 favorable	view	of	Vibert,	discounting
Dim oulas ’ s	 claimed	 good	 behavior	 in	 the	 seven	 months	 before	 the	 final hearing,	and	giving	 too	much	weight	 to	Dimoulas ’ s	 disregard	 for	 prior	 court orders.		The se	arguments	are	directed	to the	weight	and	credibility	the	court attached	 to	particular	evidence. On	appellate	review,	“we	will	not	substitute our	 judgment	 as	 to	 the	 weight	 or	 credibility	 of	 th e	 evidence	 for	 that	 of	 the fact

- finder	 if	 there	 is	 evidence	 in	 the	 record	 to	 rationally	 support	 the	 trial
court ’ s	result.” State	v.	Connor, 2009 ME 91,	¶	9,	977 A.2d	1003. [¶1 7 ]	 	 Here,	 the	 court	 undertook	 a	 comprehensive	 best	 interest determination, see 19

- A	M.R.S.	1653(3),	with	all	the	statutory	factors	in	mind before	reaching	its	conclusion.		The	court	found	that	the	children	have	strong familial	relationships with	both	Vibert	and	Dimoulas	and	that	both	parents	are capable	of	giving	love	and	affection	 to	 their	children.		Most	important	 to	 the safety	 and	 well

- being	 of	 the	 children,	 however,	 was	 the	 court ’ s	 finding	 that9 Dimoulas	was	incapable	of	co

- parenting	with Vibert	and	acting	appropriately in	front	of	the	children.		This	finding	was	supported	by	Dimoulas ’ s	pattern	of disregard	 for	 court	 orders	 and	 frequent	 disparagement	 of Vibert in	 the children ’ s	presence.		In	contrast, the	court	found	that Vibert	made	sig nif icant efforts	to	foster	a	co

- parenting	relationship	with	Dimoulas,	making	her	better suited	 for decision

- making	 authority	 and providing	 the	 children ’ s primary residence. Therefore,	 the	 court	 did	 not	 commit	 clear	 error	 in	 its	 factual findings	 or	 abuse	 its discretion	 in	 its	 ultimate	 conclusion. See Bulkley	 v. Bulkley ,	 2013 ME 101,	 ¶ 14,	 82 A.3d 116 (“The ultimate	 determination	 of	 the weight	to	be	given	each	factor	requires	careful	consideration	by	the	court	and is	don e	on	an	individualized,	case

- by

- case basis.”).
B. Psychological	Exam ination [¶1 8 ]		Dimoulas	argues	that	the	court	abused	its	discretion	by	requiring him	 to	 participate	in	 a	 psychological	 examination	 before	 having	 any	 contact with	his	children,	including	contact	by	telephone. He	contends	that	the	court erroneously	relied	on	information	that	was	stale	and	that	the	court	should	not have	considered	 the	request	 for	a	competency	evaluation	in	New	Hampshire in	 ordering	 a	 psychological	 evaluation	 in	 Maine. Furthermore,	 Dimoulas
argue s	 that	 the	 court	abused	its	 discretion	in	 requiring	Dimoulas	 to	 provide10 Vibert	 with	 the	 results	 of	 his	 psychological	 exam	 because	 it	 would	 contain confidential	 information,	 Vibert	 would	 not	 be	 restricted	 from	 further disseminating	 that	 private	 information, and	 the	 court	 would	 be	 in	 a	 better
po sition	to	review	it	in	camera. [¶1 9 ] Section	1653(3)	affords	the	trial	court	broad	discretion	in	making its	best	interest	determination,	so	long	as	children ’ s	safety	and	well

- being	are central	 to	 the	 court ’ s	 decision

. Bulkley ,	 2013	 ME	 101,	 ¶	 13,	 82	 A.3d	 116. “Moreover,	 19

- A	 M.R.S.	 §	 1653(3)(N)	 provides	 that	 the	 trial	 court	 has	 the discretion	 to	 consider	 all	 other	 factors	 having	 a	 reasonable	 bearing	 on	 the physical	 and	 psychological	 well

- being	 of	 the	 child.” Id. ¶	 1 7	 (alterations omitted).	 	 Here,	 the	 court	 expressly	 stated	 that the	 children ’ s	 safety	 and well

- being	 were	 its	 primary	 concern.	 	 The	 court	 found	 that	 many	 persons involved	 in	 the	 case

— including	 Vibert,	 the	 guardian	 ad	 litem,	 the	 police, school	 officials,	 th e	 children ’ s	 therapists	 and	 counselors,	 and , most importantly,	 the	 children

— had	 observed	 Dimoulas ’ s	 emotional	 and	 erratic behavior .	 	 T hus,	 it	 was	 neither	 unreasonable	 nor	 unusual	 for	 the	 court	 to order	 a	 psychological	 examination	 and	 require	 disclosure	 of	 the	 results	 to Vibert , who	 will	 have sol e	 decision

- making	 authority	 for the	 children.
See Verite	 v.	 Verite ,	 2016	 ME	 164,	 ¶¶	 3

- 6,	 151 A.3d	 1; Sloan ,	 2012 ME	 72,11 ¶¶ 19,	 22,	 43 A.3d	 978; Neudek	 v.	 Neudek ,	 2011	 ME	 66,	 ¶	 3,
21 A.3d 88; Malenko	v.	Handrahan ,	2009	ME	96,	¶	17,	979 A.2d	1269

. The	trial court	 did	 not	 abuse	 its	 discretion	 in	 awarding	 supervised	 contact	 with	 the children	to Dimoulas	conditioned	on	submitting	to	a	psychological	evaluation and	disclosing	the	results	to	Vibert. The	entry	is: Judgment affirmed.

Dennis	R.	Hamrick,	Esq.,	Bangor,	for	appellant	Antonios	N.	Dimoulas Daniel	 A.	 Pileggi,	 Esq.,	 Acadia	 Law	 Group, LLC, Ellsworth,	 for	 appellee	 Heidi Vibert

Bangor	District	Court	docket	number	FM

- 2015

- 06 F OR C LERK R EFERENCE O NLY