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Order prohibiting boyfriend from spending time with children too broad

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The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.

Charity and Cory Lindquist divorced when their triplets were around 3 years old. Charity Lindquist began a relationship with Robert Criswell and she and the children lived with Criswell for nearly seven years before moving out when the children were 9. Charity Lindquist and Criswell continue to date.

After she moved out, Charity Lindquist continued to allow Criswell to spend time with the children and take them on family vacations without her.

At a court hearing regarding parenting time, Cory Lindquist said he wanted to spend as much time with his children as he can, but his ex-wife refused him chances to do so. He also believed the relationship between the triplets and Criswell is undermining his relationship with the children.

The trial court found Charity Lindquist in contempt for refusing parenting time with her ex during Christmas 2012 and then ordered that Criswell is not allowed to spend any time one-on-one with the children unless Charity Lindquist is present because Criswell’s relationship has interfered with the children’s relationship with their father.

Charity Lindquist appealed in Charity Lindquist v. Cory Lindquist, 23A04-1306-DR-277, in which the appellate court reversed the portion of the order preventing Criswell from spending alone time with the children, citing Section I(C)(3) of the Parenting Time Guidelines. Criswell has developed a meaningful relationship with the children, so he should be able to continue to see them as long as it is in the children’s best interests. There are no allegations of abuse or neglect. But, this relationship should not undermine or damage the triplet’s relationship with their father, Judge John Baker pointed out.

Cory Lindquist should first be given the opportunity to exercise additional parenting time before Criswell is allowed to spend unsupervised time with the children.

The judges affirmed the portion of the order finding Charity Lindquist in contempt for denying parenting time last Christmas. They remanded with instructions that the trial court craft an order permitting the children to maintain their relationship with Criswell and to spend unsupervised time with him because it is within the children’s best interest to do so, and so long as that relationship does not interfere with or impede Cory Lindquist’s opportunity to exercise his parenting time in accordance with the guidelines.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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