never showed any signs of reluctance when with Zukatis. Judge Lynn found that Zukatis interacted appropriately with Z.Z. 2 In October 2006, Zukatis began weekly supervised visits with Z.Z., which continued through March 2008. s therapists before expanding Zukatis s visitation rights. Following a series of tests, the psychologist recommended that Zukatis be limited to having supervised visits with Z.Z., that such visits should continue for at least one year, and that the court should obtain input from the visitation supervisor and Zukatis s and Z.Z. and that Zukatis appeared to be making progress in dealing with his issues. The psychologist s report indicated that neither Zukatis s probation officer nor his counselor believed that he posed any threat to Z.Z. After receiving the GAL s preliminary report, the court approved a stipulation proposed by the GAL that Zukatis be evaluated by a forensic psychologist and then be allowed one hour of supervised parenting time per week. and prohibiting Zukatis from having any parenting time pending a report from the GAL. Following a hearing, the Trial Court (Hampsey, J.) appointed a Guardian Ad Litem (GAL) and entered a temporary order awarding Tapply sole decision-making and residential responsibility for Z.Z. In August 2005, Tapply filed a petition for custody and support, which is the underlying action in this case. s pediatrician, and Zukatis, but closed the investigation in August 2005 without taking any further action. The police interviewed Tapply, her father, Z.Z. Also on July 7, 2005, Tapply went to the Merrimack Police Department to express her concerns that Zukatis may have molested Z.Z. Following a final hearing, the Merrimack District Court (Kinghorn, J.) denied the domestic violence petition. DCYF screened out, or dismissed, the complaint because the pediatrician had found no evidence of abuse. The pediatrician reported Tapply s allegations to the New Hampshire Division for Children, Youth & Families (DCYF), but did not make a determination of sexual assault. had experienced redness around his penis that may have been indicative of sexual abuse by Zukatis. to his pediatrician, informed the doctor that Zukatis was a convicted sex offender, and reported her concern that six to nine months earlier, Z.Z. The basis for her petition was that on July 7, 2005, Tapply brought Z.Z. On July 8, 2005, Tapply filed a domestic violence petition against Zukatis and obtained a temporary restraining order preventing Zukatis from having contact with her or Z.Z. Tapply and Zukatis dated on and off until 2005 when they ended their relationship. Zukatis was also required to register as a sex offender in Massachusetts. He was ordered to enter a substance abuse treatment program, to continue in counseling, and was prohibited from having any contact with the victim, who at the time was his girlfriend. He served eight months in jail and also received a deferred sentence and probation. Tapply was aware that in 2000, Zukatis had pleaded guilty to charges of aggravated felonious sexual assault in New Hampshire, and kidnapping, indecent assault and battery, assault and battery, and unauthorized use of a motor vehicle in Massachusetts. is a special needs student with Pervasive Developmental Disorder, an autism spectrum condition, and Attention Deficit Hyperactivity Disorder. Tapply became pregnant shortly after the relationship began and their son, Z.Z., was born in 2004. In June 2003, Tapply and Zukatis met in Hudson and began dating. We begin with a recitation of the facts taken from hearing transcripts and court orders. The sole issue on appeal is whether the trial judge, who presided over this prolonged, contentious dispute concerning the parenting rights of the respondent, Benjamin Zukatis, erred by not granting Tapply s repeated requests to recuse himself. The petitioner, Erica Tapply, appeals an order of the Trial Court (Lynn, C.J.) denying her motion for judicial disqualification. Bush on the brief and orally), for the respondent. Wilson, Bush, Durkin, & Keefe, P.C., of Nashua (Timothy E. Stearns, of Andover, by brief and orally, for the petitioner. 2010-263 IN THE MATTER OF ERICA TAPPLY AND BENJAMIN ZUKATIS Argued: ApOpinion Issued: AugKatherine B. THE SUPREME COURT OF NEW HAMPSHIRE _ Hillsborough-southern judicial district No. The direct address of the court's home page is. Errors may be reported by E-mail at the following address: Opinions are available on the Internet by 9:00 a.m. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports.
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