Erin D. Farrell-milosavljevic v. Zmajko Milosavljevic


IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON In the Matter of the Marriage of No. 76403-9-1 ERIN D. FARRELL-MILOSAVLJEVIC, DIVISION ONE Respondent, UNPUBLISHED OPINION and ZMAJKO MILOSAVLJEVIC, Appellant. FILED: July 16, 2018 TRICKEY, J. — Zmajko Milosavljevic and Erin Farrell-Milosavljevic (Farrell) had a contentious dissolution of their marriage. After several days of trial, the court issued a permanent parenting plan allowing Farrell to relocate to Toronto, Ontario, Canada with the children and restricting Milosavljevic's contact with the children due to abusive use of conflict and parental alienation. The trial court committed numerous errors in establishing the permanent parenting plan and the financial obligations. Therefore, we reverse and remand for a new trial. FACTS Milosavljevic and Farrell met in 2000. Farrell was a law student working in Notre Dame's immigration law clinic. Milosavljevic was a Serbian refugee seeking political asylum. They moved to New Jersey so that Farrell could work as an immigration lawyer. They married in October 2000. Their son, Z.M., was born in 2002. The family moved several times for Farrell's employment. Their daughter, S.M., was No. 76403-9-1 / 2 born in Massachusetts in 2006. Milosavljevic primarily cared for the children and the family's home, while Farrell worked at a law firm. He started his own carpentry business in Massachusetts. In 2009,the family relocated to Washington so that Farrell could work as an Immigration lawyer with Microsoft. Milosavljevic was forced to close his carpentry business. Farrell's early years at Microsoft were "grueling," and she worked extremely long hours.' Milosavljevic took care of the children and managed the family's home. He was the primary caregiver between 2009 and 2012, including driving the children to school and activities. In 2012, Milosavljevic began working as a field carpenter for a construction firm. Farrell made all the decisions concerning the children's education, mostly without consulting Milosavljevic. These decisions included sending Z.M. and S.M. to private schools. Both Z.M. and S.M. were diagnosed with Attention Deficit Hyperactivity Disorder(ADHD)and struggled in school. Z.M.'s ADHD and whether to medicate him became a significant point of contention between Milosavljevic and Farrell, and Farrell and Z.M. In mid-2012, Milosavljevic and Farrell's marriage began to deteriorate. Farrell filed for dissolution of the marriage in June 2015. The trial court issued a temporary order, which required Farrell to pay $1,000 in monthly maintenance to Milosavljevic. The trial court also Issued a temporary parenting plan under which the children would reside with Farrell, and Milosavljevic would have them for 'Ex. 322 at 14; Report of Proceedings(RP)(Dec. 21, 2016)at 588. 2 No. 76403-9-1/3 overnights on Wednesdays and every other weekend. Farrell obtained a temporary restraining order against Milosavljevic. Milosavljevic and Farrell both alleged that the other suffered from mental health issues and had committed domestic violence. The trial court appointed a Guardian Ad Litem (GAL) to investigate and report on all issues relating to the development of a permanent parenting plan. The court also ordered the GAL to Inquire into the allegations of domestic violence and mental health issues ...

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