Emergency Motion to Suspend Visitation

Kayla Buening filed an emergency motion to suspend or modify Brian Buening's visitation with their minor child. She claims Brian suffers from PTSD and depression and has threatened her life in text messages. Due to Brian's deteriorating mental health and prior suicide attempts, Kayla fears for her and their child's safety during his visitation periods. She requests the court suspend Brian's visitation or require it be supervised pending further legal proceedings.

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Emergency Motion to Suspend Visitation

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Kelsey Duncan

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DOCUMENT 8

ELECTRONICALLY FILED
7/9/2021 2:05 PM
47-DR-2015-900838.01
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
IN THE DISTRICT COURT FOR MORGAN COUNTY, ALABAMA

BRIAN BUENING,

Plaintiff/Respondent,

VS. CIVIL ACTION NO. DR-2015-900838.00

KAYLA BUENING

Defendant/Petitioner.

EMERGENCY MOTION TO SUSPEND VISITATION OR IN THE ALTERNATIVE

SUPERVISED VISITATION

COMES NOW the Defendant/Petitioner, KAYLA BUENING (hereinafter referred to

as “Mother”), and this, her motion requesting to suspend visitation or in the alternative to reduce
visitation to supervised visitation and states as follows:

1. That a Petition for Modification and Rule Nisi was filed on July 9, 2021 by the
Mother.

2. The Mother and Father share joint legal custody with the Mother having sole
physical custody of the minor child; namely T.E.B. (DOB; 2/4/2011).

3. The Mother and Father entered into a settlement agreement which was incorporated
with into the Final Decree of Divorce on February 8, 2016. Said settlement agreement incorporated
an extensive graduated visitation schedule for the Father with the minor child, the Father is to
remain in counseling and under physician care for his diagnoses, and is not to consume alcohol
twenty-four (24) hours prior to exercising his visitation or during his visitation with the minor
child.

4. The Father suffers from PTSD and Depression. The Father is extremely violent
when his PTSD and/or depression are left untreated or he is consuming alcohol during an episode.

5. The Mother has reasonable suspicion and belief that the Father is either presently
forgoing treatment for his diagnoses or is consuming alcohol. During the Father’s visitation he has
on numerous occasions verbally and through text message threatened the Mother. The Father’s
most recent text to the Mother states: “Fuck you and the BS piece of paper! I’m going to fucking
kill you!” (EXHIBIT A).

6. The Father has shown that he is an extreme danger to himself and those around him.
The Father has a lengthy history of suicidal ideations and two near fatal suicide attempts. The Wife
DOCUMENT 8

is fearful for the safety of herself and the parties’ minor child due to the Father’s deteriorating
mental health, the threats he has made via text, his complete disregard to this Court’s order, and
because of his two prior suicide attempts. The Father previously shot himself on the right side of
his head and overdosed in order to carry out his suicidal ideations. Although said attempts were
unsuccessful, the Father is an extreme danger to himself and the minor child.

7. The parties’ minor child is in great danger while in the Father’s custody, care, and
control. It is in the best interest of the parties’ minor child for the Father’s visitation to be
suspended, pendente lite or in the alternative for his visitation to be strictly supervised by Family
Services or Bridget Carr. Said visitation should be scheduled and paid for by the Father.

WHEREFORE, PREMISES CONSIDERED, the Mother moves this Honorable Court

to order the following:

A. That the Court will issue an order suspending the Father’s visitation or in the
alternative supervised visitation to be strictly supervised by Family Services or
Bridget Carr to be scheduled and paid for by the Father, pendente lite;

B. That the Court will grant such other, further and different relief as shall be proper.

Respectfully submitted this 9th day of July, 2021.

/s/Andrea M. Cates
Andrea M. Cates (CAT016)
Attorney for the Defendant/Petitioner
2011 Gallatin Street SW
Huntsville, Alabama 35801
(256) 551-0500
[email protected]

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing upon the Plaintiff/Respondent,
via Alafile and USPS, on this the 9th day of July, 2021.

/s/Andrea M. Cates
Andrea M. Cates (CAT016)