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Galbreath v. Braley

On remand, the trial court must reconsider whether and to what extent the appellant may depose the minor female child he is accused of molesting, so as to not exacerbate any psychological harm that the alleged molestation may have caused.

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In this custody modification proceeding, James Galbreath appeals from the trial court’s order granting a motion to quash and issuing a protective order prohibiting him from deposing K. W., a 13-year old female child that he was accused of molesting. Finding that the trial court should consider other alternatives before prohibiting entirely the deposition from going forward, we vacate the protective order and remand this case for further consideration by the trial court.1

The record shows that following a divorce in March 2011, Galbreath and Amy Braley were granted joint legal custody of their son, with the mother having primary physical custody. In October 2011, the mother filed a petition for modification of the custody agreement and for an emergency suspension of Galbreath’s visitation rights, alleging that “while his son was present for visitation with Galbreath, Galbreath kissed, fondled and touched a female minor child K. W. who was staying at a sleepover at his home.” Galbreath sought to take a videotaped deposition of K. W. in connection with these allegations, but K. W.’s parents, as non-parties, filed a motion to quash and for a protective order.

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