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Nicita v. Kittredge

Superior Court of Connecticut
2004 WL 2284292 (Conn. Super. Ct. Sept. 22, 2004)


Facts

Peter Nicita (plaintiff) and Allison Kittredge (defendant) were married and had two children. The couple divorced and agreed to a parenting plan. The agreement stated that all major child-rearing decisions would be discussed in depth and agreed upon by both Nicita and Kittredge to the extent possible. The agreement also stated that Nicita and Kittredge would work together cooperatively and would not use the agreement to frustrate the lifestyle of the other parent. Nicita and Kittredge agreed to joint legal custody of the children. Kittredge had primary physical custody, while Nicita had generous visitation rights. However, neither Nicita nor Kittredge abided by the terms of the agreement. Nicita was Catholic, and Kittredge was Jewish. After the divorce, Kittredge unilaterally decided to raise the children in the Jewish faith. After several motions by both parties, Nicita ultimately agreed with this decision, but continued to give the children mixed messages about religion and refused to take the children to Hebrew school during his parenting time. Kittredge also unilaterally decided to move with the children away from the town in which Nicita lived. Nicita only learned of Kittredge’s move from a neighbor. Nicita and Kittredge consistently attempted to undermine each other in similar ways. For example, Kittredge never listed Nicita as the children’s father, or even as an emergency contact, on activity forms. Additionally, Kittredge would schedule the children for activities that interfered with Nicita’s scheduled parenting time. Kittredge remarried, and her new husband did not get along with Nicita. One of the children began having stomach issues, possibly because of the tension and animosity between the parents. Nicita filed a motion in the Superior Court of Connecticut to modify the divorce agreement.

Rule of Law

Issue

Holding and Reasoning (Prestley, J.)

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