Need help to prepare for custody trial!!! (long)

[kitten]

Any suggestions or advice will be greatly appreciated.
Scenario:  We are in CA.  Bf's ex wants to move three small children (3, 5, 7) to small town in AK (pop. 840) to marry a man she has developed a relationship with only over the phone.  A custody evaluation was completed and evaluator stated this move in NOT in the best interest of the children and that it is a high risk move, HOWEVER, feels that primary custody remain with mother (father afforded her and children a lifestyle of being a stay at home mom before and after divorce because he thought it best for kids) regardless of if she moves to Alaska.  The fiance of ex will be on his fourth marriage and admitted to physical abuse in one or more marriages!  He has lived alone in isolation for past 8 years and has not had steady employment.  Today at mediation hearing, mediator agreed with evaluator and wanted to approve the move.  My bf's attorney asked for a trial which the judge awarded.  Judge will allow ex to take kids to AK for 5 weeks for "vacation" only and has to return with kids Aug. 5th.  We have 5 weeks to gather evidence, affidavits, etc......  Last chance to save these children from living in isolation away from all family support (including Daddy) and possibly being abused or witnessing abuse by new man.  Please help if you can!  This is not over!  Please help us prevent the kids we both love so much from being traumatized and possibly abused.  Any advice, ideas etc...is appreciated!  Thank you.
Also...Evaluator and mediator are both very biased against fathers.  Got lucky to have a fair judge today.  Father would not ever restrict children from their mother.

[Peanutsdad]

Kitten,


You know as well as I do,, she takes those kids to alaska for a "vacation",, she isnt likely to return. LOL, or who knows,, perhaps five weeks with Jeramiah Johnson will open her eyes and send her fleeing madly back to California.

( Having spent a winter by myself in the high Sierras, trust me, the romantic notions wear thin quickly).

Still, I see this as a high risk option at best. What I dont understand is this,, how can they evaluator say its a bad move for the kids,, BUT recommend allowing it???

[kitten]

She wants the mother to remain the Primary caretaker.  She also contradicts herself many times in the report.  Unfortunately she is respected.  We also think that one winter cooped up with three small children will be enough to break up the relationship, but we are concerned she will go back to drinking and he will go back to physical abuse and the children will get hurt.  The good thing is that the actual trial is set in September.  The 7 year old will be back in school, hope that will carry some weight.  

[Peanutsdad]

I'll keep my fingers crossed for ya'll.  It sounds dicey at best.

[kitten]

Gee thanks everyone for all the great ideas.  I thought more of you who have been through this might like to help.  Life goes on.....

Thanks Peanutsdad for your response.

[Peanutsdad]

Sorry kitten,, but you've been here long enough, I didnt think you needed my standard song and dance on answers.

Just wish I had better answers on this one.

[kitten]

I appreciate that.  I just thought more who've gone through this may have some ideas.  We are desperate, this trial is our last chance.  There is no more money after this.  

[wendl]

kitten,

do you by anychance have gotten ahold of any abuse files for anyone involved in this  matter. make want to check into it.

unfortunately when you go before a judge/commissioner and trial its all a crap shoot.

did you ask the GAL why she feels this would be a bad move but yet she feels kids should stay with mom?

**These are my opinions, they are not legal advice**

[kitten]

Yes.  Her "opinion" is that if the primary parent is happy, the children will be happy.  Pretty twisted, huh?  Welcome to California.

[Kitty C.]

Twisted is right.  Tell her that her opinion means the NCP doesn't mean a thing to the children.  I'd be asking her if she can 'prove' it.

Bet she can't................

[kitten]

She also stated in the report that the move would seriously interfere with the childrens relationship with their father.  This is why it is going to trial.  We need to somehow show that the evaluator is biased.

[imdaddy]

What county are you in?

Also, let me know how to email you directly.

[kitten]

I have never seen any of your posts.  

[kitten]

Sorry, for some reason I'm being paranoid.  It's Stanislaus county.  You say you are having an evaluation soon?

[harlequin]

I don't know where this fits in, but the classic case in California seems to be the case "Re: The marriage of LaMusga".  If you Google that up you may find something that helps.

Here's the link to the California Supreme Court Decision:

http://www.courtinfo.ca.gov/opinions/documents/S107355.PDF