Spain, J.
Petitioner is the father of twin daughters, Annie and Katie (born in 1996). He and the girls' mother divorced in 2000 and retained joint custody of them, with physical custody to the mother. They now maintain separate households in the same neighborhood on residential lots that adjoin at the back corner. On September 4, 2001, when the twins were just under five years old, petitioner allowed Katie to go outside and play on a swing set located in her mother...
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