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Messages - Heston

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PS: The judge didn't read/accept the motion or affidavit I filed due to the court's misfiling of the motion.  The affidavit listed the incidents whereby my child was molested by his mother and also subjected over the years to domestic violence between the BM and her many husbands - she has been married numerous times. Had the judge read the affidavit, I do not think this miserable excuse of a judgment would have been reached.  Or at least, I like to think that it wouldn't have.  I know others are dissatisfied with the family court system.  I have reached the stage where I am ashamed of the American system and in despair over it.  The key to keeping your child is beat them badly, tell them to lie, marry or cohabit with lots of people who also beat the child and the spouse, and you will keep your child for good and never be punished or held accountable.  Parent the child well, teach the child values, i.e. not to lie, to be a good person, and be kind to the child....and you will be punished in various ways by the court and never have custody.

Correction.  My child did not tell the judge he wanted to live with the BM.  The judge didnt allow him to speak.  The judge listened to both parents and made a bad judgment.  I despair over the family court system of returning children to abusive parents.

I filed what I considered to be a good motion and affidavit of support.  Listed important information without having evidence yet, as you mentioned.  Attended hearing today.  Long story short.  The BM got a relative to communicate with my child without my knowledge.  They talked my child out of living with me.  Knowing what that family is like, they probably bribed him.  I had no intention of taking my child to the hearing as I felt it was inappropriate.  My child indicated to me that he wanted to live with me.  However, my child turned up at the hearing with a relative of the BM.  The BM smirked and the child said he wanted to live with her again.  The BM got custody reinstated despite her violent attack and violent exes.

The original motion (ex parte) just asked for temporary residential custody.  They finally ordered that, once they found my motion.  It appears that I need to file for a change in residential custody so I have now (today) prepared a motion for that, and an affidavit giving more reasons as to why it should be changed, plus some exhibits. Due to being given a date just two weeks ahead and having to file the motion tomorrow, there is not time to get some exhibits I'd like to get but at least there are some.  I also drafted a parenting plan by using the one on SPARC and did the same with a proposed new custody order and customizing them.  I guess it's possible that at the hearing they won't decide immediately and may give more time to produce more evidence, but in case they don't, I hope I have enough. It takes too much time to get police reports and hospital reports for it to be done in a week, and I've only had a week to do all of this.  I have allowed phone contact between my child and the BM and she is putting some pressure on him to return, but he seems quite strong at this point.  I believe more pressure will be put on him later this week and just hope he continues to be strong.

Thanks to everyone that responded with advice and suggestions.  Am just providing a quick update.  The court found the ex parte motion and it was granted last Tuesday.  I showed it to the school and the school had to hand my child back to me.  So, I currently have one more week with temporary custody of my child.  I am not sure if I am supposed to file a new motion asking for residential custody.  If that's the case, it will have to be done tomorrow, as motions must be filed within 7 days of the scheduled hearing.  Or if I just show up at the scheduled hearing without having filed a new motion for residential custody.  I've been trying to find out, as I am acting pro se at the moment out of necessity.  I don't want to ruin anything by making a wrong move.

Thanks for that.  I will work on it right away and give it a try tomorrow.

Thanks for that suggestion.  I will go down to the courthouse.  Today they gave me the runaround.  They just kept saying without the original there was nothing they could do, and then they checked and said the original isn't here so we can't do anything.  It is just an unbelievable situation.  I don't think I can file the ex parte motion again now my child is with the BM.  To file for an emergency custody order I think the child needs to be away from the dangerous parent.  My child did have bruises and marks but they are gone now.  I did make the school aware of what happened but didn't call social services.. 

If the father is granted custody and then wants the child returned, all he has to do is get a lawyer to use the laws of the Hague Convention and if the country you are in is covered by it, the child can be removed.

I wonder if anyone can help or advise with this one.  Previously I posted about my younger child.  This is about my older child who was beaten up by the BM recently.  The BM smashed up his room and cell phone too.  To cut a long story short, my child got to my house and did not want to return to the BM.  I waited over a week before filing an exp parte motion for emergency custody so there was time for him to change his mind.  He wants to live with me and I filed the ex parte motion last week with my affidavit and my son's affidavit attached.  I looked up the laws on this and I know the judge normally sees the person filing the motion the same day and issues a temporary custody order if appropriate.  The judge was not there and was away till Monday.  This week I phoned the court and was put through to various people who claimed they had no knowledge of the motion.  I went to the court and spoke to various people in the appropriate depts and they claimed to have no knowledge of the motion.  The last clerk I spoke to said my copies of the motion meant nothing and they could not find the original motion that I filed last week.  Outcome: someone in that courthouse tipped off my ex wife (BM) that I was in the courthouse.  I went to pick my son up from school but the BM was there with cops flaunting her custody order.  The cops told my son if he went with me they would arrest me so he went back with his mom.  When I tried to phone him later the BM refused to let me speak to him.  I know the BM is now probably going to file an EPO to keep me away from her house and she will do everything she can through the courts to get the custody changed as this will be her typical MO.  She has now said she will make sure I never see him again.  I did nothing wrong here, I just took my child in who'd been badly beaten.  I let him speak to his mom.  I gave him time to decide what he wanted to do and there was no pressure from me.  But yet now I might lose him.  The fact that emergency custody order was not issued and my motion "lost" in the court, means I was in breach of the custody order.  Does anyone know if there is anything I can do over what happened in the court?  If I go to the judge he will probably say what the clerks said, that without the original nothing can be done.  I paid the filing fee of almost $150.00.  But it didn't get filed.  Or if it did, it was destroyed after I filed it by someone in the courthouse.  I am acting pro se as I cannot afford a lawyer at the present time.  Any suggestions or advice would be much appreciated.

Custody Issues / Re: Results of Court Hearing - need advice....
« on: Oct 08, 2011, 11:48:53 AM »
Thanks for those suggestions.  I will give it serious consideration.  I am just fearful of making the judge even more biased against me.  I've done some checking today on this judge and found a lot of negative comments about her from others she has treated badly.  The overriding theme is that she doesnt care about family and particularly children, doesn't look at evidence even if it's put under her nose and usually leaves kids with the abusive and alienating parent.  I also found this comment:
"She pre judges you before you even get in her court room. She is not for justice or for the children.  She is only for who or what attorney will support her compaign.  For some reason if you have more testosterone you get away with murder in her court. "

I guess I didn't stand a chance, but her decisions are likely to leave me losing my child.  Another trick the sleazy attorney pulled was this.  Having prevented me getting holiday time for two years the BM stated in her motion that she wanted the Court to establish a holiday plan or refer it to mediation so a holiday plan could be set.  I opposed it and wanted the original to be adhered to, in other words the one she was in contempt of.  When I got the judge's Order it stated that the Court order adopts the BMs holiday schedule as set forth in Exhibit X.  The sleaze attorney did not show me his exhibit.  He sneaked that one in.  And so now I have to abide by the holiday plan submitted by the BM!  And in that plan it states that the parents share 4 rotating weeks during summer and that I have to forgo my weekend parental time during those weeks. Previously I had 4 non consecutive weeks as well as my weekends.  And the BM has stated which public holidays each of us gets and the timings of them.  Some days for just 3 hours!  And all to suit her.  I got no say in summer vacation or public holidays and yet I have joint physical and legal custody!  Nearly all my points were overruled, as well as being found guilty of something I did not do, whilst the BM got away with appalling behavior and contempt. I got 3 days out of 28 this year for holidays.  This new holiday schedule gives me two days at xmas.  Nothing more.

The previous order, still current to some extent, said that the BM has to show proof from a dr that the child is too sick to be transported if she is unwell, otherwise she can be sick in either parent's home.  BM never did that.  So I requested in my motion that it should also be stipulated that parental time cannot be denied on the basis that the child says she does not want to go.  (Obviously, I know the child is told to say this both to me and the cops and have it on video).  The judge overruled it, which means the BM can refuse parental time based on my daughter saying she does not want to go.  Between this and the fact the BM only has to get the "counselor " to return to court claiming I said inappropriate things, it is only a matter of weeks before my rights are removed.  The BM is purposely not going along with coordination or a psychologist for my daughter, so that she can allege inappriate things via the "counselor", which could not be done so easy if others were involved. 
I am very tempted with taking this to the media but am really worried that it will cause me more problems.  I have been screwed by the courts for many years with regard to my daughter.  This was the worst though as it gives the BM a green light as well as a method with which to get rid of me completely.

The BM contacted a well known politician claiming I subject my child to alienation.  She is the one that does that, but it suited her to say this as it fit in with her murder allegations.  Her attorney waived the reply from this politician in front of the judge.  I saw the judge really seem to take that famous name on board.  I doubt the ltr could have said much as no politician could get involved especially with no proof.  I am considering going to see that poliltician and taking the video where my child states what her mother makes her do.  No one who sees that video will be in any doubt as to it being authentic or what the BM is up to. Oh and get this, the sleaze did not provide that letter in discovery.  That should disqualify it from being shown to the judge but this attorney doesnt play by the rules.  I guess he knows he doesn't need to before this particular judge!

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