Any chance of ex parte on these grounds.....

[socrateaser]

>If anything happened at all.  Today, I had put in a call to
>the GAL, but all I got was an aswering machine.  Left message
>there.
>
>Then I was able to get in touch wiht lawyer from court in
>January after noon.....when I explained the situation to him,
>he said - You bet there is something we can do....the judge
>hasnt signed the order yet, or has within the last day......I
>am calling the GAL right now!
>
>So, I had to go pick up my son two hours away.  Before I left,
>I called the lawyer's office in case I was needed.......and
>the secretary told me he was unavailable, but he had faxed
>papers to the GAL.  And, he was mailing papers to us.
>
>Now, BM had to withdraw son from school today.  He was
>attending by variance since they moved out of that county.
>The school simply told him not to come back, then called bm
>and told her to withdraw him today.  She is to enroll him
>Monday at other school.
>
>BM has not told me any of this.  I have only heard from
>ss...and contacted the school and the principal emailed me and
>called my home after I had left today.  
>
>Any thoughts as to what the lawyer thinks can be done by the
>GAL at this point?

I don't really know, but I'm wondering why you didn't inquire as to what the lawyer intended to do. It's your child and you are the lawyer's employer, so you're entitled to know the status of your case.

[dipper]

Soc, I got a copy of the letter the lawyer faxed and mailed go GAL yesterday.  He wrote of how he had argued in court that this would happen and the worse case has happened...that bm and son had been evicted and son has no room where they are at.  He also put in there that son has been kicked out of school.  While the court feels son is manipulating, and to a degree he may be - but in fact, son may have reason to manipulate as something needs to be done to protect him.

Lawyer stated that GAL is the only one who can help son at this point.  He basically asked the GAL to consider requesting emergency hearing by the judge who ruled in January....or an emergency hearing in front of the appeal judge as he stated we do intend to appeal court order.

[socrateaser]

>Soc, I got a copy of the letter the lawyer faxed and mailed
>go GAL yesterday.  He wrote of how he had argued in court that
>this would happen and the worse case has happened...that bm
>and son had been evicted and son has no room where they are
>at.  He also put in there that son has been kicked out of
>school.  While the court feels son is manipulating, and to a
>degree he may be - but in fact, son may have reason to
>manipulate as something needs to be done to protect him.
>
>Lawyer stated that GAL is the only one who can help son at
>this point.  He basically asked the GAL to consider requesting
>emergency hearing by the judge who ruled in January....or an
>emergency hearing in front of the appeal judge as he stated we
>do intend to appeal court order.

Your attorney's trying to work with in the constraints of the system set up in your jurisdiction. It sounds like a pretty strong argument that "enough is enough." But, your attorney needs a second voice, because the judge doesn't want to listen.

We shall see what happens now.

[dipper]

Soc,

Quick recap - Court in January - judge ordered that BM retain custody.  Part of our fight was that she was not financially stable and that son behavior was escalating out of control in  her care.  Judge did order counseling for son - to be chosen by GAL.

Since that time, order has still not been signed - her lawyer would never sign, has been relegated to judge only signature - he has not signed; bm and son evicted from their apt and son sleeping on sofa in her parent's home for two months;  Son kicked out of school and had to enroll in his grandparent's county - hold up because they had no proof of residing in that county; BM started counseling and will not give me information regarding appts.

My lawyer filed a motion to reconsider this week after requesting GAL to do so.  Motion listed 1) court expressed reservations when allowing her to remain PC 2) as foretold, she and son had been evicted and son had been relegated to sleeping on sofa for past two months, and 3) son kicked out of first county and not able to enroll in other county due to residency issues

Residency issues have been resolved and son only missed 4 days of school due to transfer.   ( He is still sleeping on sofa at grandparent's home)

GAL traveled 188 total miles to visit son today and see living conditions.  Took tour of house and then walked outside and down road to talk to son privately.  

Lawyer did not site all the violations and refusals to provide information since the court hearing in his motion.  I have considered sending her certified correspondence and copying to court - she never notified me about school situation.....she has relied on son to do this.  Using son as messenger is a court ordered no-no; other numerous refusals to share information, and direct violations of court order.

AS it is not mentioned in the motion, would the judge be able to view my letter concerning violations?


IF judge should reverse custody and give BM same visitation rights I now have,  would it be appropriate to request son not visiting for six weeks time during summer (unless she gets her own residence) as he would be on sofa again?