ESSEX, ss.                                                   PROBATE & FAMILY COURT
                                                                        Docket No. 99W-1466-PA-1
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BRIAN J. MEUSE, 
                   Plaintiff 
v. 

SUSAN PANE, 
              Defendant
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Now comes Plaintiff Brian Meuse ["Meuse"] and moves that the child Marissa Lyne Meuse be allowed to stay in the confines of the Commonwealth of Massachusetts in his custody in order that the physical examinations and treatment (begun in the Commonwealth this week) of the child continue.

Grounds for this motion are the health, safety, and welfare of the child Marissa. The mother, Susan Pane, has not only seriously neglected and abused the child, she has not been providing the child with the physical and occupational therapy deemed necessary in June of this year by the Early Intervention Program in Florida.

In support of this motion, Meuse states that he has received medical records (as allowed by an order of this court in June 2000) which prove that Susan Pane failed to bring the child for the requisite physical and occupational therapy except for two weeks shortly after the June Early Intervention examination. [Exhibit A.] As a result, the child's psycho-motor condition has not improved since June.

Concerned about the serious deprivation being suffered by his child, Meuse began implementing a plan for diagnosis and treatment for the child. The doctors who examined Marissa this week and the progress made are the following:
 

1. On Monday morning, October 2, 2000, Meuse brought Marissa to the Children's Hospital Emergency Room, where she was examined by Drs. Jonathan Sun and Bailey. They sent Marissa none her father to the hospital's Early Intervention program.

2. At the Children's Hospital Early Intervention program, Marissa was seen by Wendy Gordon. Meuse was given a nine-page form to fill out and return to Gordon. He awaits the results.

3. Dr. Gordon also gave Meuse contact information for West Newbury Pentucket Early Intervention, closer to his home.

4. On Tuesday, October 3, 2000, Pediatrician Sara Andrews, associated with Wilmington Pediatrics, recommended Dr. Norman Tanguay as primary-care doctor for Marissa and Dr. Mark Leibenson, associated with both Wilmington Pediatrics and Floating Hospital for Children, as the pediatric neurologist to examine Marissa. Dr. Andrew said that Dr. Leibenson is "superb."

5. On Wednesday, October 4, 2000, some staff members Jenny Wackerle and Diane Waldron of the West Newbury Pentucket Early Intervention arrived at his home to examine Marissa. 

6. Wackerle and Waldron arranged for three Pentucket Early Intervention therapists -- Sheila Muller, Michael Brown, and Katy Flurry -- to visit with Marissa on Tuesday, October 10, 2000.

7. On Thursday, October 5, 2000, Meuse took Marissa to visit Dr. Tanguay at Wilmington Pediatrics. After examination, Dr. Tanguay said that Marissa appeared to be suffering from the Russian-adopted-baby syndrome: where psycho-motor delays or motor dysfunction syndrome are caused by the children having been left in cribs or playpens and ignored, not being given anything for stimulus, not being touched, spoken to, or held.

8.. Stating that he believed Marissa's problem arose from her environment and not from anything neurological, Tanguay nevertheless told Meuse the next step was to set up an appointment with Dr. Mark Leibenson, the pediatric neurologist. Meuse is waiting for a call-back from Dr. Leibenson's office.

9. The Floating Children's Hospital has an International Adoption Clinic, which addresses the kinds of problems Marissa has been facing.

10.. Dr. Tanguay also wants to see the baby for her 15-month checkup and a full and complete physical. That would be around November 4th.

11.. Meuse was also concerned about the diet Marissa was on in her mother's care. [Exhibit B, menu supplied by Susan Pane to Meuse.] Dr. Tanguay, too, was concerned and he declared it as being inadequate. 

Given also that mother is using polymedica, polypharmica to gain access to controlled drugs, that she has impaired her own judgment by the drug usage, that she has jeopardized the child's safety, that the grandmother has cancer, that the medical services group is acting not in the best interests of the child, that the mother unlawfully kidnapped the child in the first place while a Haverhill District Court restraining order was in place, and that Judge Manzi adjudicated Massachusetts is the home state and would exercise jurisdiction over the case, Brian Meuse is entitled to have immediate custody forthwith for the health, safety, and welfare of the child.

WHEREFORE, Brian Meuse prays this motion be allowed.
 
 

Respectfully submitted,
BRIAN MEUSE, 
By his attorney,