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Jane Thornton Intveldt filed a complaint for modification of custody and modification of child support against her ex-husband Sam M. Thornton. In her complaint, Intveldt sought physical custody of the parties’ two minor children, termination of her child support obligation and an increase in Thornton’s child support obligation. Thornton answered and counterclaimed contending, inter alia, that he should be awarded custody of the children if the mother persisted in her efforts to change the current custody arrangement1 and that the parties, the children and the step-parents should undergo a psychological evaluation. The parties and the children submitted to psychological evaluations, and the parties participated in mediation to attempt to resolve their claims. Ultimately the parties settled the majority of the issues through mediation, and a “Consent Partial Final Order” was entered adopting the substance of the parties’ agreement. Under the terms of the consent order, Intveldt was awarded sole legal and physical custody of the parties’ daughter and Thornton was awarded sole legal and physical custody of the parties’ son.

Only two issues remained for resolution after the entry of the consent order. One, pertaining to custody and visitation, was the location where the parties would pick-up and return the children: Inveldt requested pick up and return at the parties’ residence, and Thornton requested that it be done at another location. The trial court resolved this issue in favor of Inveldt, but expressly provided that neither party was to come upon the property of the other except to provide transportation for visitation; that the parties were to remain in their vehicles, except to assist the children with their luggage or belongings; and that the party at whose home the child was being taken should not approach the car or its occupants.

 
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