Supreme Court

Family Case Summaries 2022

2022-228-A. Nancy Robayo v. Luis Robayo (show cause)

Plaintiff appeals from the denial of her motion for relief from final judgment in a divorce case. She sought to be awarded a survivor benefit from her former husband’s civilian pension, claiming she had only recently become aware of that benefit. The judge ruled that, pursuant to the marital agreement, she was entitled to a share of that pension as of a certain date in 2018, and survivor benefits were not included in that award.

2022-269-A. Jamie Dawson v. Manuel Ojeda (show cause)

Defendant appeals from an order granting plaintiff’s motion to relocate to Acton, Massachusetts, with the couple’s son. Defendant asserts that the Family Court Magistrate erred in overlooking and misconceiving material evidence that: (1) it is in the child’s best interests to remain close to defendant; (2) plaintiff could have achieved economic and employment benefits staying in Rhode Island; and (3) the non-monetary purposes for plaintiff’s relocation could have been attained in Rhode Island.

2022-77-A. In re R.M. (show cause)

The respondent appeals from a decree terminating her parental rights to her daughter. On appeal, she asserts that the trial judge erred in finding by clear and convincing evidence that the Department of Children Youth and Families made reasonable efforts to refer or provide services that would assist respondent in reunifying her with her daughter.

2022-179-A. Terry Ann Smith v. Andrew Smith (show cause)
2022-223-A.

In one of these two consolidated cases, the defendant appeals from a Family Court order permitting the plaintiff to select a commissioner to sell real property and authorizing monies to be released to the plaintiff from the proceeds of the sale in this divorce action. (No. 22-176-A.). In the other case, the defendant appeals from a Family Court order denying his motion to reopen his divorce action on the issue of the plaintiff’s retirement pension. (No. 22-223-A.).

2022-23-A. In re J.B. (show cause)

The respondent appeals from a decree terminating his parental rights to his son. The respondent argues that the Family Court erred in finding him an unfit parent, as he completed the necessary evaluations and programs. He argues that there was no evidence presented that he was impaired from his medical marijuana use. He also argues that there was no evidence that he acted violently towards his son or had mental health problems. He also argues that there was no evidence that his history of violence affected his ability to parent his son.

2022-288-A. Tara Boulais v. Maria DiPaolo (show cause)

The plaintiff appeals from an order granting the defendant’s motion to dismiss based on the statute of limitations. The plaintiff alleges the hearing judge erred in misconstruing G.L. 1956 § 9-1-22 and in finding that the statute of limitations in a prior proceeding applied to the instant case.

2022-219-A. John Cronan v. Laurie Cronan (full briefing)

The defendant appeals from a Family Court decision pending entry of final judgment entered by a general magistrate. On appeal she contends the magistrate was not authorized to preside over the parties’ contested divorce case. She also contends that the magistrate erred in several respects regarding the conduct of the trial and his findings.

2022-213-A. Jean Shields v. Thomas Shields (show cause)

The defendant appeals from an order that denied his motion to order the plaintiff to refinance a mortgage held in both parties’ names on the former marital domicile. The defendant asserts the judge erred because a contract like a marital settlement agreement should be construed against the drafter.

2022-265-A. Kelly Fitzgerald v. James Jackson (show cause)

The defendant appeals pro se from a Family Court order finding that Rhode Island has jurisdiction under the UCCJEA to hear the plaintiff’s complaint regarding custody and support of the parties’ minor children.

2022-142-A. In re B.M. (full briefing)
2022-143-A. In re A.M. (full briefing)
2022-144-A. In re N.M. (full briefing)

In these three consolidated cases, the respondent father appeals from a Family Court decree that terminated his parental rights to his three sons. The respondent argues that the trial judge erred in finding (1) that he was unfit, (2) that DCYF made reasonable efforts at reunification, and (3) that it was in the children’s best interests to terminate his parental rights.

2022-59-A. In re N.D. (full briefing)

DCYF appeals from a Family Court decree finding it to be in willful contempt of a prior order directing the department to find an appropriate residential placement for the child. The department contends that the hearing judge erred (1) in rejecting DCYF’s impossibility defense; (2) in imposing a $1,000 per day sanction; (3) in reaching back to the date of the underlying order in sanctioning DCYF; and (4) in ordering the sanctions to be placed in an escrow account for the benefit of the child.

2022-75-A. In re N.B. (full briefing)

DCYF appeals from a Family Court order finding it to be in contempt for failing to place the child at St. Mary’s Home for Children as directed by a prior decree of the court. DCYF claims that the judge erred: (1) because it was impossible to place the child at St. Mary’s; and (2) in ordering DCYF to hold funds paid as fines for DCYF’s contempt in escrow for the benefit of the child.