Co-parents who weaponize their children don’t always get away with it, and Hasz v. Brittain is proof of that.
A parent’s repeated disregard for court orders and intentional attempt to sabotage a child’s relationship with the other parent ultimately backfired in this North Carolina Court of Appeals case, leading to a significant custody modification that completely changed the arrangement.
Background of Hasz v. Brittain
In November 2019, the trial court gave the mother sole legal and physical custody and gave the father visitation.
The father used only a handful of visits at first, and then the mother blocked visitation for about a year during the COVID period. She also blocked his phone number, claimed she did not receive emails, and acted in hostile and degrading ways toward him.
Later, the mother reported the father to DSS for inappropriate touching of their daughter, but the report was closed as unsubstantiated. She also accused the father of abuse to the school and changed the children’s school without telling him.
Trial Court Proceedings that Lead to Custody Modification
Due to the mother’s violation of the 2019 Order, the father requested that the court hold her in contempt. In January 2022, she was found in civil contempt by the trial court.
The court ordered counseling, extended the father’s time, and temporarily altered the plan in March 2022. The court said this was one of the worst cases of parental alienation it had ever seen.
In July 2022, the judge appointed a new therapist after scheduling issues with the initial one. The record also detailed growing conflict, including the mother calling in several welfare checks, calling the father a “molester” and “pedophile” in public, and the father obtaining a DV protective order in a different case following one incident.
In October 2022, the trial court entered a new order giving the father primary custody, allowing the children to relocate with him to Virginia, and limiting the mother to every-other-weekend visitation. The trial court also held the mother in criminal contempt.
Appellate Issues and Court of Appeals Analysis
A custody order can only be modified in North Carolina if 1) there has been a substantial change in circumstances affecting the child’s welfare and 2) the change is in the child’s best interest.
The Court of Appeals mainly relied on evidence in this case that the children’s relationship with their father was negatively impacted by the mother’s animosity. Testimony from the therapist and DSS supported examples of this, like the kids’ refusal to call him “Dad” and their need for counseling.
The court also referenced a ruling from North Carolina that acknowledged that attempts to sabotage the other parent’s relationship and ongoing hostility in front of the kids can be considered significant changes, particularly when the interference becomes so widespread that it negatively impacts the parent-child relationship.
What Ultimately Happened
Given the detrimental parental dynamics, the appellate court determined that the trial court did not abuse its discretion in awarding the father primary custody because it was in the best interests of the children.
This meant that the mother’s visitation was restricted to every other weekend, the children were placed mainly with their father, and they were permitted to move to Virginia with him.
The mother was also still found in contempt by the trial court.
Why This Case Matters for Parents
A judge may consider a significant change impacting the child’s welfare and alter custody decisions if one parent consistently prevents contact, makes baseless accusations, or ruins the child’s relationship with the other parent.
Does this sound familiar to you?
If you are dealing with a custody dispute or concerned about how your co-parent’s actions may affect your child, now is the time to get help. Get in touch with Woodruff Family Law Group to discuss your custody situation and options.