Nicita v. Kittredge
Superior Court of Connecticut
2004 WL 2284292 (Conn. Super. Ct. Sept. 22, 2004)
After divorcing, Peter Nicita (plaintiff) and Allison Kittredge (defendant) agreed to joint legal custody with detailed cooperation provisions, but neither parent followed the agreement: Kittredge unilaterally decided to raise the children Jewish and later moved away without properly informing Nicita, routinely omitted him from school and activity forms, and scheduled activities conflicting with his parenting time, while Nicita continued giving the children mixed religious messages and refused to take them to Hebrew school during his time with them. The ongoing conflict coincided with one child developing stress-related stomach issues, and Nicita moved the Superior Court of Connecticut to modify the original divorce agreement.
Whether a court may modify an agreed-upon parenting plan and impose its own detailed, specific arrangement when the original plan has become unworkable and is harming the children.