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Plaintiff has been separated for one year from her husband, Defendant. 2. Each of the parties has a child, a son, named Daniel. Daniel lives in the same household as Defendant. 3. During the period of separation Daniel has lived with Plaintiff in Charlotte, NC. However, during the period of separation Daniel, during every day of any week day, resided with his father. 4. During one month before the divorce was filed in this cause, Defendant was in Florida working; in Florida. 5. During that month before the divorce was filed in this cause, Daniel visited his father during the day on one or two occasions; visits that were more than a few minutes after school hours. However, when they were gone, there was no evidence that Daniel was given additional supervision nor any other means to prevent Daniel from being alone with Defendant. As a result of the above, there may be a violation of Daniel's right not to be abused and there may also be a violation of Daniel's right to personal privacy. FINDING OF LAW — THAT THE COURT SHALL DENY THE SUMMARY JUDGMENT SET FORTH IN THE FIFTH CAUSE OF ACTION (A); AND WHEREFORE, THE COURT SHALL IMPOSE IN PART B OF THIS ORDER A SPECIAL JUDGMENT THAT SEEKS AN Un-American DIVORCE AND A PRIMARILY INDIVIDUALLY USED DIVORCE UNLESS THE PARTIES BOTH AGREE TO OTHERWISE BE DISMISSED FROM THE BOND OF MARRIAGE BY ORDER OF THE COURT AND THAT IT MAY BE GRANTED IN PART AND DENIED IN PART. (B) In part, the judgment shall be a permanent divorce only, with the following provisions: WHEREAS, Daniel Hernández Pacheco (“Daniel”) has been separated from his father and mother for ten months.

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