[U] Amy M. V. Leland C‪.‬

On November 12, 2004, Amy M., aunt and legal guardian of Thomas K. ("Tommy", born in late 2002), filed a petition to vacate a prior consent order of visitation with Mr. and Mrs. C., agreed to July 29, 2004.*fn1 Mr. and Mrs. C. are unrelated to Tommy, but Tommy's mother (Paula May K., hereinafter "Paula") had resided with them while she was pregnant and after Tommy's birth. Not long after Tommy's birth, Paula left Mr. and Mrs. C., entrusting Tommy to them pursuant to an informal notarized statement granting them "temporary and physical custody of my son, Thomas K., until such time this is revoked by me in writing [sic]." (emphasis added). On October 14, 2003, when Tommy was still less than one year old, Paula came to Family Court and filed the form necessary to support her sister Amy M.'s application to be appointed legal guardian for Tommy. Paula returned to Mr. and Mrs. C.'s home in February of 2004 to revoke custody and demand the return of her baby. She obtained physical custody of her baby over Mr. and Mrs. C.'s objection. This set off a flurry of contested litigation leading to the pending motion (1) to vacate the settlement order which granted Mr. and Mrs. C. visitation by consent and (2) to dismiss Mr. and Mrs. C.'s violation petition regarding that visitation, and for such other and further relief as to the court may seem just and proper.