Chapter Fifty-Two

CHAPTER FIFTY-TWO

SUPERIOR COURT OF MONTGOMERY COUNTY, MD

FAMILY COURT

Domestic Relations Branch

BEST INTEREST ATTORNEY'S REPORT

Stella Hudson, Best Interest Attorney (BIA) of the minor child Rose Barclay, hereby submits this report to inform the Court regarding Rose's status and to make recommendations regarding Rose's best interests.

Rose Barclay is a 9-year-old girl who is the only child of her parents, Elizabeth "Beth" Barclay and Ian Barclay. On September 26 of this year, Ms. Barclay filed for divorce and asked the Court to grant her sole legal and physical custody of Rose. Two days later, on September 28, Mr. Barclay filed an answer to the complaint and requested he be granted sole legal and physical custody of Rose.

CUSTODY/VISITATION

After hearing testimony from both parties, who said they were "separated in place" and intended to reside in the same residence in Potomac, Maryland, until this matter is decided, this Honorable Court entered an Order on October 2 of this year, providing that the defendant and complainant each get an equal amount of time with Rose until a final judgment is rendered.

Undersigned counsel was appointed in this matter on October 8. Undersigned counsel was not able to communicate with Rose privately about her feelings on the ongoing custody case, given Rose's diagnosis of traumatic mutism. However, this BIA has had the opportunity to spend time with Rose and to observe her in the presence of both of her parents as well as her paternal grandmother, Harriet Barclay. This BIA has spoken to Mr. and Ms. Barclay, as well as Harriet Barclay, outside of Rose's presence, to further understand the dynamics of this case. Additionally, this BIA has interviewed Rose's therapist and piano and Chinese-language teachers.

This BIA visited with Rose first with her mother present. Rose presents as a traumatized, occasionally angry child who is extremely intelligent but has trouble controlling her emotions. During this BIA's brief initial visit with Rose, she noticed Rose appeared comfortable in the presence of her mother, but did not seem particularly warm or affectionate to Ms. Barclay, which could indicate a fracture in their bonding.

By contrast, Rose appeared to be more engaged with her father during several occasions this BIA witnessed. It was clear Rose likes spending time with her father, which is apparent through her relaxed body language and her frequent smiles when he is present.

The BIA visited Mr. Barclay in his home office for their first interview. Mr. Barclay and undersigned counsel talked for some time while Rose was present in another area of the house. The BIA found Mr. Barclay to be very open as he expressed remorse for his brief affair with the family's nanny, Tina de la Cruz. Mr. Barclay explained he and Ms. Barclay have been essentially separated in place for several years, which is why he sought consensual companionship outside the marriage. Unlike Ms. Barclay, who appeared to consider her words carefully before speaking, Mr. Barclay presented as uncalculating and forthright.

Undersigned counsel was advised Harriet Barclay is homeschooling Rose following Rose's withdrawal from her private school. When this BIA met with Harriet near the garden that she cultivates on the grounds of the family home, Harriet was candid about her viewpoints. Harriet expressed concerns she wanted to make clear to this BIA about Rose's custody. Harriet feels that Ms. Barclay should be granted full custody, with Mr. Barclay getting visitation rights. However, Harriet's rationale for this point of view is that Mr. Barclay cheated on Ms. Barclay and he is therefore "selfish." She acknowledged Mr. Barclay is a good father but appears to be angry with him for "breaking up the family," and therefore it is this BIA's opinion that Harriet's support of Ms. Barclay as the custodial parent is offered more as punishment for her son rather than a true consideration of what would be best for Rose's well-being.

During this BIA's time with Rose, the little girl was unable to communicate her custody wishes, so a determination of the best and most nurturing environment is left to this BIA.

HEALTH

Rose is reportedly in good physical health. Her emotional state is far more fraught. Rose appears to be angry, withdrawn, and even vindictive at times. When this BIA took Rose out to a Waffle House for her favorite meal, Rose knocked a glass of soda into this BIA's lap in a move that appeared deliberate. Although Ms. Barclay told this BIA Rose had been withdrawn from the Rollingwood Primary School because of the stress currently on the family, this BIA learned this was untrue. The principal of Rollingwood told this BIA Rose had been expelled for bringing a knife to school. While this incident could be a manifestation of the anger Rose feels because of the divorce, and is simply an episode of "acting out," this BIA is deeply concerned about Rose's mental health. Although Rose attends therapy once per week, there does not appear to be any other effort to address her emotional issues.

EDUCATION

It is the understanding of this BIA that the Barclays intend for Rose to continue to be homeschooled by Harriet, with supplemental piano and Chinese lessons, for the foreseeable future. However, this BIA believes this is not in the best interest of the minor child. Rose has no interaction with children her age and is missing out on critical social and emotional development due to her sequestration.

RECOMMENDATIONS

Given the information available to the BIA and the interviews with Ms. Barclay, Mr. Barclay, Harriet Barclay, Rose's former school principal, and Rose's therapist, it is clear that Rose is a child who is bonded to her father and greatly enjoys spending time with him. Rose also seems to love her mother. Unfortunately, undersigned counsel is not of the belief it is in Rose's best interest at this time to divide her time between her parents. Ms. Barclay and Mr. Barclay have very different ideas and philosophies on child-rearing, and it is likely that based on these differences, shared legal custody may not be in Rose's best interest in the long term.

This BIA believes the ideal custody schedule would be for Rose to live with her father full-time and for her mother to have visitation with Rose two afternoons per week immediately after school, from 3:30 p.m. to 7:30 p.m. and every Satur day from 9 a.m. to 7 p.m. Rose should also be able to see her horses during those time, presuming her horses remain with her mother.

Rose does not appear to be particularly bonded to her grandmother Harriet Barclay, but given that they currently spend a lot of time together, this BIA recommends that Rose be visited by her grandmother once per week for a duration of no more than two hours.

This BIA also recommends that Rose's individual therapy sessions be increased immediately. Rose has undergone a tremendous deal of stress recently and needs intensive help. This BIA suggests Rose attend therapy four times per week, and would recommend that the therapist provide regular updates to the court and to both parents in case this schedule needs to be increased.

This BIA also recommends that Rose be enrolled in a full-time school as soon as possible, and that the school be one designed for children with special emotional needs. Based on the uncertainty of her living situation and the upheaval from the divorce and death of her nanny, Rose needs to return to an environment where she can broaden her connections to other children and her teachers. Rose should also be closely monitored at school given her history of bringing a knife to school, and her angry outburst at the Waffle House that could have resulted in this BIA being injured. It is this BIA's opinion that Rose desperately needs early and swift intervention, as well as the speediest possible resolution to the custody dispute.

Respectfully submitted,

Stella Hudson

Bar No. MD92871502