Julien v. Gardner
1981 OK 54, 1981 Okla. LEXIS 227, 628 P.2d 1165 (1981)
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Rule of Law:
Under the plain meaning of Oklahoma statute 10 O.S.Supp. 1978 § 5, a court cannot grant visitation rights to grandparents when only one parent is deceased and the surviving parent objects, as the statute unambiguously requires that 'both' parents be deceased for such rights to be judicially enforced.
Facts:
- Lucille Julien and Calvin Kennett are the maternal grandparents of two minor children, C.R.G. and W.B.G.
- The grandparents, Julien and Kennett, are divorced from one another.
- The children's mother and father were engaged in divorce proceedings.
- The children's mother, who was the daughter of Julien and Kennett, died on January 20, 1979.
- Following the mother's death, the children's surviving father refused to allow the maternal grandparents to visit with the children.
Procedural Posture:
- The maternal grandparents, Lucille Julien and Calvin Kennett, filed separate petitions in an Oklahoma district court seeking visitation rights with their grandchildren.
- The children's father demurred to the grandparents' petitions, arguing they had no legal right to visitation under the relevant statute.
- The separate cases were consolidated for a hearing before an en banc three-judge panel of the district court to determine the issue as a matter of law.
- The three-judge panel, in a 2-1 decision, sustained the father's demurrers, dismissing the grandparents' petitions.
- The grandparents, as appellants, appealed the district court's decision to the Oklahoma Supreme Court.
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Issue:
Does Oklahoma statute 10 O.S.Supp. 1978 § 5, which grants reasonable visitation rights to grandparents when 'both parents are deceased,' authorize a court to compel visitation when only one parent is deceased and the surviving parent objects?
Opinions:
Majority - Hodges, J.
No. The statute does not authorize grandparental visitation when only one parent is deceased. At common law, grandparents have no legal right to visitation against the wishes of a parent. Any such right must be created by statute. The express language of 10 O.S.Supp. 1978 § 5 is clear and unambiguous, authorizing grandparental visitation only when 'both' parents are deceased. The court notes that prior versions of the statute allowed visitation when 'one or both' parents were deceased, but the legislature deliberately changed the language to 'both' in the 1978 amendment. When the legislature plainly expresses its intent in the statutory text, there is no room for judicial construction or further inquiry.
Dissenting - Barnes, V.C.J., and Williams, Hargrave and Opala, JJ.
The case text notes a dissent but does not provide the reasoning or content of the dissenting opinion.
Analysis:
This case is a straightforward application of the plain meaning rule of statutory interpretation, demonstrating judicial deference to legislative intent as expressed in the clear text of a statute. The court's refusal to look beyond the word 'both' underscores the principle that rights like grandparent visitation are creatures of statute, not common law, and are therefore strictly limited by the terms of the enabling legislation. This decision highlights how specific legislative word choice can be determinative in family law disputes and limits the court's equitable power to intervene based on what it might perceive as the 'best interest of the child' if the statutory conditions are not met.
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