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Lana C. v. Cameron P.3/11/2005
No. 5875
I. INTRODUCTION
Lana C. appeals the superior court's order finding her in contempt for violating the terms of a non-disclosure order that had been entered as part of a child custody settlement. The non-disclosure order restricted Lana's right to disclose allegations of past child abuse committed by her former husband against their daughter.
Lana was found to have violated that order when she mentioned the alleged past abuse in a petition for a domestic violence protective order sought on behalf of her daughter. In its contempt order, the superior court expanded the original non-disclosure order by prohibiting Lana from making any allegations of child abuse against her ex-husband in any court for any purpose. Because we find that an order that seeks to bar an individual from presenting relevant evidence to a court in a domestic violence proceeding is void as contrary to public policy, we reverse the finding of contempt and vacate the order prohibiting Lana from making any accusations of child abuse against her ex-husband.
II. FACTS AND PROCEEDINGS
Lana C. and Cameron P. were married in 1992 and had a daughter, Barbara, the same year. The couple separated in April 1997.
In April 1997 the Division of Family and Youth Services (DFYS) investigated a report that Cameron intentionally bit Barbara on the cheek and left a mark. The investigation did not confirm the allegations of abuse but DFYS noted inappropriate parenting by Cameron. In June 1997 Cameron was convicted of assaulting Lana. Also in June 1997, Shirley Webster, a therapist at the Anchorage Center for Families, reported that Barbara had disclosed that her father had touched her in an inappropriate sexual manner. Webster suspected possible sexual abuse by the father and notified DFYS. The DFYS investigation was not actively pursued at that time because DFYS determined that Barbara was re-telling segments of past incidents already investigated.
In March 1998, one month after Cameron filed for divorce, Lana contacted DFYS to report concerns regarding Cameron's possible sexual abuse of Barbara. After receiving the report of harm, Anchorage Police Detective Paul Ard and DFYS case worker Edward Sheridan interviewed Barbara. During the interview, Barbara, who was then five years old, reported several incidents of sexual abuse committed against her by her father. Caseworker Sheridan reported that Barbara's physical examination "revealed an abnormal genital exam with suspicions of sexual abuse." Cameron exercised his constitutional right to remain silent and was not interviewed by DFYS. In January 1999 DFYS determined that sexual abuse was substantiated and identified Cameron as the perpetrator. The DFYS caseworker further stated that " ur position is that, as a victim of sexual abuse, [Barbara] should not have contact with her abuser." The district attorney declined to prosecute Cameron.
Superior Court Judge Rene J. Gonzalez presided over the divorce and custody proceedings. In April 1998 the superior court entered a temporary interim order that extended a domestic violence protective order obtained on behalf of Barbara, and granted Lana sole legal and physical custody of her daughter. The superior court also appointed Pamela Montgomery as guardian ad litem to represent Barbara.
In March 1999 Lana and Cameron were divorced. The issues of child custody, visitation, and support were bifurcated from the divorce proceedings and addressed at a hearing on January 25, 2000. At that hearing, the parties informed the court that they had reached a settlement and placed the details of the settlement agreement on the record. Lana refused to si
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