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SOLUTIONS AND METHOD

Started by Andrew_S, May 17, 2011, 01:45:24 PM

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Andrew_S

Sorry mixbag for my confusion I just have seen where you got that information from, but the allegation was just that an allegation, the commissioner found my explanation satisfactory.  At one time I used to travel down during the week and stop with a friend who runs a motel, but the caveat is I always went there by myself to look for jobs and I had no visitation also used it as a base for mailing etc, I stopped with my friend who lives not at the motel but in an apartment of their own.  The kids have never stopped in any motel with me without purpose such as in the Dells Water parks and on one occasion we had to stop near their school so they could attend a special event.  Other than that the allegation would be untrue.  The good thing of course is I always video and take pictures of every visitation I have, so you can pick any day and I can tell you and demonstrate what we (me and the kids) were doing, what happened when I picked the kids up, and what happened when I dropped them off.  I can allow you to see more detail of the case that explain some of the possible special and unique problems I may have that is if you like watching 'depositions' online, I believe I would have to find a more secure means for you to be able to get those links and not relay those links on a public forum.  If you are interested let me know how this can be achieved.

Andrew_S

Just taken delivery of the court summons it states a request by my former spouse that I be placed on supervised visitation.  No other details, perhaps I will find out the facts or reasons when the court hearing is stated and I am handed the reasons at the hearing.

Andrew_S

Have attempted to find out the exact date of any hearing, none have been set.  I assume the former spouse and DV advocacy support group is going to have this whitewashed by the court stating that the issue is in family court for a never ending determination or something.  Which is a common suggested tactic by a well versed court practitioner or advocate and my personal experience, so do watch for that one if you see it.   I delayed filing to determine the merit of what exactly was going on but shall now do so in order to progress my claim that she is violating and in contempt of a court order.  In order to elude to the problems I am dealing with I believe they are the issues of health, I am led to understand I am dealing with a person who is histrionic, depressed and medicated with a control factor of 5 out of 10 of an organic brain condition, delusional with a GAF of 50, if that helps anybody to understand another dimension to my problem.  I am in constant fear of what she may do to the children or me in order to achieve intended outcomes, so often walk very gently. Up until recently she was supported by a large crew of professionals, her new husband and the court appointed GAL.  Now she is not, mainly because there is little money left in the kitty! So again pointers and help appreciated.  I do feel sorry for my former spouse, but my respect and trust are long gone when the child abuse charges were put in place but my primary concern is the welfare of the children as long as I can or am allowed to be involved.

Andrew_S

OK all I have filed my contempt motion to show cause, it looks like she is assuming her motion for supervised visitation is valid in her mind without authorization from any court and has stated to a police officer that she is working with a GAL and the CPS who are working with her to maintain her choice to with hold the children for the reason that she has filed a motion and I expect as in previous summer vacations I will not get the children.  As practiced where I live the advocacy groups tend to practice the support of mothers who keep the children away long enough so that fathers end up with a legal default of no contact and the award of sole custody to the mother. But I am keeping my fingers crossed the court will not do as they did before keep delaying the motion for years, as the last time I filed a motion it ended up turning into a trial that took two years to decide.

ocean

Fingers crossed... you filed in the new court right?

Andrew_S

Right ! Not on the docket yet and service has to be made, but she is not at her house or anywhere to be found at this time.  I am unsure of her domestic situation but her last husband was having problems, and a rumor is around she is in another state for a prolonged vacation.  So we will see, I am not expecting to be able to complete the service of the motion so it should be interesting.

MixedBag

There's a way, even when they're trying to hide.

You gotta figure out what the court requires.

HERE it was attempt at last two known addresses, then file a motion to request permission for publication notice

Run the notice for 3 consecutive weeks.

THEN move forward....

brwneyedmom

Does she have an attorney? In my state, the attorney can be served and that is considered good enough.

Andrew_S

Not that I am aware of but thanks for chiming in, her attorney withdrew a few months ago as did mine, (No money left here so that would explain why they have withdrawn and I have filed for bankruptcy) I am kind of missing the kids as it's my vacation time with them but this has been the same problem for the last five years.  But it is a good idea to suggest for those who know their former spouse has an attorney.

Thanks. 

Andrew_S

Ok all,  an update, I have now received an affidavit in the mail from a notary and legal services supporting the former spouses motion for a temporary order for supervised visitation.  It states exactly what was alleged in the TRO of March this year almost word for word.  So it looks like she wants to go again and see if a different Judge or commissioner will giver the former spouse what she wants.  My experience is they usually do, I was given supervised visitation despite doing nothing in 07, where I had to employ an accredited social worker on a Saturday for two hours at $150.00 an hour plus travel over 6 weeks.  Even then my former spouse missed turning over the kids, so really even if I let her have what she wants she is still not going to do it and I do not believe the courts enforce their own orders anyway.

If I recall correctly she did the same in 06, 07, 08, 09, and now 11.  Basically what it does is allow her to with hold the children and there are no consequences and I never get my vacations with the children.  This year was slightly different in that she also asked for a TRO so she not miss having easter with the children which is stated quite clearly on the allegations.  'Mommy needs to be with the children over Easter' a witness stated , that aside, the allegations are the same and they were when dismissed in the TRO hearing of March.  I think they call the matter Res Judica, doing the same thing over and over again.