The outer limits on visitation

In Petersen v. Petersen, the father brought out the big guns, hiring William Hurd to represent him before the Court of Appeals. The most interesting issue in the case was whether the Circuit Court, on appeal from the Juvenile Court, violated the father's rights by prohibiting him from contacting his young daughter or participating in or being told about her school activities and denying him any visitation. The father's relationship with the child had soured after she learned that he planned to have the mother killed. The Juvenile Court, over a period of time, developed a plan for gradually increased visitation.

While the case was before the Circuit Court, the mother and the GAL moved to suspend visitation. The Circuit Court granted the motion, while observing that the father could seek modification of its order in the future, if there were changed circumstances.

The Court of Appeals, in an opinion for the panel of Judges Beales and Russell and Senior Judge Frank, affirmed the Circuit Court's order, notwithstanding the requirement in the Code that the trial court "shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children," and the constitutional rights of the father.