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GAL Questions regarding visitation

Started by dadof2inned, Jun 23, 2006, 08:26:38 AM

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dadof2inned

Ok here's my story followed by the question I am currently facing, I will try to make it as short as possible...  

Previously I was the NCP of my 2 children with EOW visitations.  In October 2005 BM took of to Texas with the kids without informing me or the courts.  I filed contemp but because I did not know where she was I could not serve her.  After doing a ton of research and being told by the police several times that it was a civil matter they do not get involved in, I took the state statutes to the police station proved she was committing a crime, and they finally got involved and located her the end of November, we went to court December 9th, she was ordered not to remove the kids from our state.  In court she refused to leave the kids with me full time so she could return to TX to be with her husband and baby.  Two weeks later I went to pick up the kids for mt visit and she had all of their things packed with a note stuffed in the bag saying she was returning to TX, she worded her letter as if it had been agreed upon by both of us.  Prior to this she constantly aggravated my visitation, and I had to take a police escort with me on several occasions because her husband and her family would harass and threaten me, she also tells the children her husband is their Daddy and to call me by my first name.

I immediately filed and was granted an ex parte order for temporary sole custody and primary physical placement.  I have now had the children full time since Dec 24th.  The Judge then ordered an evaluation be done and appointed a GAL.  

Our meetings with the evaluator and the GAL began in April 2006, she was granted a temporary interim order to visit with the kids during one week in April.  During our first 2 meeting my ex stated that she under no circumstances would be returning to WI to live.  May 2nd, she did, and is now living about 45 minutes to an hour away, from me staying with her father in-law.  

I agreed verbally to her having visitation rotating weeks, I stated to the GAL and evaluator I would give it a try, but was not sure it was best for the kids to have their schedule that hectic, I have the kids in day care/pre-school my ex does not, she has no rules, no bed time and allows them to eat whatever whenever they want there is no schedule while they are with her period.  She calls it different parenting styles I call it being irresponsible.  She has already started playing her games again, when I call I'm only allowed to speak with my son (he is younger and the PAS hasn't effected him in the way it has my daughter) I'm always told some lame excuse, she's being grumpy she's laying down, etc.  I received paper work in the mail to sign agreeing to this placement schedule making it a temp court order, but along with agreeing to that it would have also been agreeing to joint legal custody. So I did not sign the papers and told them I did not agree to that.  

Neither her nor her husband have jobs, they stay here and there, no permanent address, her husband was just arrest for domestic abuse against her on May 21st.  The evaluator tells me none of this has anything to do with my children.  How does it not??  I also should be fine with them calling her husband Daddy, (I would be if it was their choice, but they are told this).  She has failed to show up for court on 2 occasions now.  Once for child support, once for a telephone status conference with the judge she was supposed to call in for.

Anyway because of these recent events.  I have decided to stop the visits with her, until a proper court order is established.  I have written letters to the Judge and all other parties, because I believe there is definitely gender bias happening on behalf of the GAL and evaluator, it seems none of the evidence I have provided them has been taken seriously and it seems they are not impartial by any means.  They tell me it's easy to make yourself "look good" in a short amount of time, etc.  That basically nothing that i have done for the better of my children matters, and that I need to bend over backwards to accommodate my ex...  They would not look at the parenting plan I submitted, nothing, they put their recommendations in (I got them in the mail Tuesday) and they are recommending joint custody w/ a weekly rotation, and it mentions a schedule for T-giving, Christmas, and fathers day/mothers day.   That's it.  in the recommendations they keep saying my ex resides in the same county and I do, she does not.  There is nothing about who will have primary placement once my daughter starts school in the fall of 2007, so then what we have to go back to court to do this all over again.  It's so vague and not thorough at all...

Anyway, I received another letter from the GAL that we need to follow the placement schedule we agreed upon absent any court orders.  When I called her about it she tried to tell me that basically without so much as saying that my ex parte order is no longer valid, because my ex is back in WI.   It states until further order of the court, as far as I know she can not speak for the court.  I'm wondering if the GAL can file a motion for visitation on behalf of my ex?  We have a status conference scheduled with the judge on July 10th, as a result of my letter.  The GAL told me not to call her anymore, (she never returned my calls anyway) and the evaluator says she's submitted her recommendations so she is no longer involved.  These people have been extremely hostile towards not only me, but my fiance, the day care coordinator, the counselor I had the children scheduled with, EVERYONE since the first meetings.  

I also wanted to mention that I can not afford an attorney and do not qualify for legal help.  any advice would be greatly appreciated.

hisliltulip

Ok, it's time to beg and borrow for a retainer.

What part of wisconsin are you in?  Near Lacrosse by chance?  If so, i have a name and number for you for an excellent father's rights advocate lawyer.  (DH has had sole physical custody of SS since Jan 2004).

Anyway, i know you say you can't afford a lawyer, but without one I'm afraid you're going to get creamed.


smtotwo

Have you been to  //www.wisconsinfathers.org    ?  if not, get there now

and make sure you join our chat group.  You will find a wealth of information and help from this group that is wisconsin specific.

dadof2inned

>Have you been to  //www.wisconsinfathers.org    ?  if not, get
>there now
>
>and make sure you join our chat group.  You will find a wealth
>of information and help from this group that is wisconsin
>specific.



I am familular with that group I attended a meeting this past winter, unfortunately with my work schedule I haven't been able to attend more.  Apparently my ex also called the GAL after our last exchange of the children and told her I smelled strongly of alcohol and was visably drunk...   NOT TRUE BY ANY MEANS and I have a witness to that fact.  But now with this ex parte order I am no longer allowed to pick up my children but must send a nuetral party known to the kids, while I wait a block away...  whatever, my fiance will now be doing the exchanges which take place at a gas station with video camera in hand.  I'm sure we'll get a call about that as well.  But it's a public place, no expectations to privacy, so it's not illegal right?

Since my last post the GAL filed a ex parte order granting her placement authority, so she ordered the every other week placement and joint custody until further order of the court.  She had the order signed by another Judge that is not assigned to our case, not sure why.
If it's something unethical or if our Judge was on Vacation or something.

I'm going today to file a motion to vacate the order, and hold a hearing as I do not feel my concerns were reviewed and they certainly weren't address, had the been the order would not have been granted in the best interest of my children.  The order was instead granted IMO in the best interest of my ex.  Hopefully the Judge will hear me on this and agree.  

I have also submitted my response to the recommendations made as requested.  I have yet to receive anything from my ex yet as to her response.  The written responses were supposed to be sent whether you agree or disagree to all parties involved.  Probably another thing she will not do that will be over looked.  Unless she gives it to my fiance at the exchange tomorrow, we had until the 30th to reply.