From yesterday's decision in Killebrew v. Gardner (opinion by Judge James Gardner Colins, joined by Judges Judith Ference Olson and Victor P. Stabile):
Father and Mother were married for a period of less than two years and had separated prior to Child's birth. On March 6, 2014, Father filed an initial custody complaint seeking shared legal and physical custody. On April 7, 2014, the trial court entered an order providing that the parties would share legal custody and Father would have partial physical custody on Tuesday and Thursday evenings and every other Sunday. Father's custody periods were expanded in orders dated October 17, 2014, and January 29, 2015, allowing Father to have Child overnight every other Thursday and one Saturday night per month. Father's partial custody was expanded again on December 9, 2015, to alternating two or four nights per week, and this allocation of custody continued, in substantially similar form, through a series of orders entered prior to 2020.
On January 27, 2020, Mother filed a petition for modification of custody order, alleging that Child was involved in two automobile crashes while being driven by Father's wife …. At a February 25, 2020 hearing on this petition before a hearing officer, Father presented evidence that Mother had posted sexually explicit photographs of herself on the "OnlyFans" website {"a subscription-based website that allows content creators to share sexually explicit materials with their fans, after engaging in direct messages and other interactions, for a fee"}. Father also informed the hearing officer that he had made a ChildLine [suspected child abuse] report concerning Mother's behavior.
On February 26, 2020, the trial court issued an order, upon the recommendation of the hearing officer, providing that Mother would have no contact with Child pending a scheduled forensic interview with Child. In the event that the forensic interview revealed that Child had no awareness of Mother's OnlyFans activity, the order authorized supervised telephone communication with Mother and Child but no in-person contact pending a future court order. Alternatively, if Child did indicate awareness of such activity, then Mother would be permitted no contact with Child at all. The order further provided that Mother was required to delete her OnlyFans account and submit to a psychological evaluation and follow any recommendations provided to her in that evaluation.
