What falls away : a memoir (43 page)

This trial included the observations and opinions of more mental health workers than is common to most custody litigation. The parties apparently agreed with Dr. Herman's conclusion that another battery of forensic psychological evaluations would not have been in the children's best interests and would have added little to the available information. Accordingly, none was ordered.

The common theme of the testimony by the mental health witnesses is that Mr. Allen has inflicted serious damage on the children and that healing is necessary. Because, as Dr. Brodzin-sky and Dr. Herman observed, this family is in an uncharted

therapeutic area, where the course is uncertain and the benefits unknown, the visitation structure that will best promote the healing process and safeguard the children is elusive. What is clear is that Mr. Allen's lack of judgment, insight and impulse control make normal noncustodial visitation with Dylan and Satchel too risky to the children's well-being to be permitted at this time.

A) Dylan

Mr. Allen's request for immediate visitation with Dylan is denied. It is unclear whether Mr. Allen will ever develop the insight and judgment necessary for him to relate to Dylan appropriately. According to Dr. Brodzinsky, even if Dylan was not sexually abused, she feels victimized by her father's relationship with her sister. Dylan has recently begun treatment with a new therapist. Now that this trial is concluded, she is entitled to the time and space necessary to create a protective environment that will promote the therapeutic process. A significant goal of that therapy is to encourage her to fijlfill her individual potential, including the resiliance to deal with Mr. Allen in a manner which is not injurious to her.

The therapist witnesses agree that Mr. Allen may be able to serve a positive role in Dylan's therapy. Dr. Brodzinsky emphasized that because Dylan is quite fragile and more negatively affected by stress than the average child, she should visit with Mr. Allen only within a therapeutic context. This fionc-tion, he said, should be undertaken by someone other than Dylan's treating therapist. Unless it interferes with Dylan's individual treatment or is inconsistent with her welfare, this process is to be initiated within six months. A further review of visitation will be considered only after we are able to evaluate the progress of Dylan's therapy.

B) Satchel

Mr. Allen's request for extended and unsupervised visitation with Satchel is denied. He has been visiting regularly with Satchel, under supervised conditions, with the consent of Ms. Farrow. I do not believe that Ms. Farrow has discouraged Satchel's visitation with Mr. Allen or that she has, except for restricting visitation, interfered with Satchel's relationship with his father.

Although, absent exceptional circumstances, a non-custodial parent should not be denied meaningful access to a child, "supervised visitation is not a deprivation to meaningful access." Ltghthourne v. Lighhthourne, 179 AD2d 562 (1st Dept 1992).

I do not condition visitation out of concern for Satchel's physical safety. My caution is the product of Mr. Allen's demonstrated inability to understand the impact that his words and deeds have upon the emotional well being of his children.

I believe that Mr. Allen will use Satchel in an attempt to gain information about Dylan and to insinuate himself into her good graces. I believe that Mr. Allen will, if unsupervised, attempt to turn Satchel against the other members of his family. I believe Mr. Allen to be desirous of introducing Soon-Yi into the visitation arrangement without concern for the effect on Satchel, Soon-Yi or the other members of the Farrow family. In short, I believe Mr. Allen to be so self-absorbed, untrustworthy and insensitive, that he should not be permitted to see Satchel without appropriate professional supervision until Mr. Allen demonstrates that supervision is no longer necessary. The supervisor should be someone who is acceptable to both parents, who will be familiarized with the history of this family and who is willing to remain in that capacity for a reasonable period of time. Visitation shall be of two hours' duration, tliree times weekly, and modifiable by agreement of the parties.

C) Moses

Under the circumstances of this case, giving respect and credence to Ms. Farrow's appreciation of her son's sensitivity and intelligence, as confirmed by Dr. Brodzinsky, I will not require this fifteen-year-old child to visit with his father if he does not wish to do so.

If Moses can be helped by seeing Mr. Allen under conditions in which Moses will not be overwhelmed, then I believe that Ms. Farrow should and will promote such interaction. I hope that Moses wiU come to understand that the fear of demons often cannot be dispelled without first confronting them.

COUNSEL FEES

Ms. Farrow's application for counsel fees is granted. Mr. Allen compounded the pain that he inflicted upon the Farrow family by bringing this frivolous petition for custody of Dylan, Satchel and Moses.

Domestic Relations Law §237(b) provides that upon an application for custody or visitation, the court may direct a parent to pay the counsel fees of the other parent "as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties."

Ms. Farrow admits to a substantial net worth, although she is not nearly as wealthy as Mr. Allen. Clearly, she is able to absorb the cost of this litigation, although it has been extraordinarily expensive. However, "[ijndigency is not a prerequisite to an award of counsel fees (citation omitted). Rather, in exercising its discretionary power to award counsel fees, a court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions." DeCahrera v.

Cabrera-Rosete, 70 NYZd R79 881 (1987). Because Mr. Allen's position had no merit, he will bear the entire financial burden of this litigation. If the parties are unable to agree on Ms. Farrow's reasonable counsel fees, a hearing will be conducted for that purpose.

Settle judgment. DATED: June 7, 1993.

J. S. C.

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