FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2016-01324,
DIVISION "G-11" Honorable Robin M. Giarrusso, Judge
JENKINS, J., CONCURS IN THE RESULT Richard L. Ducote COUNSEL
Salvador I. Bivalacqua Lauren M. Bergeron GALANTE &
BIVALACQUA COUNSEL FOR DEFENDANT/APPELLEE.
composed of Judge Roland L. Belsome, Judge Rosemary Ledet,
Judge Sandra Cabrina Jenkins.
L. Belsome Judge.
appeal is taken from the trial court's granting of James
England's Petition for Tutorship. For the reasons that
follow, we affirm.
England and Alina Julia England were married in 2006 and
divorced in 2015. Mr. and Ms. England are the parents of two
daughters, S.E. and C.E.After a bitter custody trial, it
was determined that joint, shared custody was in the best
interest of the children; and Mr. England was declared the
in the course of the divorce and custody proceedings, the
minor children were patients of Psychologist Marianne Walsh.
Mr. England filed a lawsuit alleging that Dr. Walsh colluded
with Ms. England to manipulate the custody proceedings and to
alienate the children from him. The lawsuit seeking damages
was filed by Mr. England in his individual capacity and on
behalf of his minor children.
the divorce, Mr. England was required to file a Petition for
Tutorship as the natural father of the two minors to proceed
with the lawsuit against Dr. Walsh. The petition sought his
appointment as the tutor and the appointment of his father,
Dr. Leslie England, as the undertutor. The trial court held a
hearing on the Petition for Tutorship and concluded that Mr.
England should be appointed the minors' natural tutor and
his father, Dr. England, should be the undertutor. This
appeal, Ms. England maintains that the trial court abused its
discretion in appointing Mr. England as the natural tutor of
the minor children, and his father as the undertutor. Ms.
England argues that an independent third-party should have
been appointed as tutor over the property of the minor
England petitioned for tutorship as the natural father of the
minor children. However, Ms. England seeks to have an
independent third-party appointed as tutor in accordance with