Finally!! DH has a good day in court :)

[stressedstepmom]

As I posted in my other thread (visitation and CPS counseling) DH had to be in court 8 July. On Tuesday he called CPS and they agreed that the boys could have counseling in VA while with their father for the summer. In fact they encouraged it. We got to NY on Wednesday and DH talked to lawyer. He had previous court appearances and couldn't be there for DH so he reffered us to someone else. Well Mr. Someone Else wanted a $1000 retainer fee so DH said no thanks. (Lawyer was also acting like DH shouldn't expect anything to go his way and seemed very negative) After being depressed all day Wednesday over the fact that DH was alone in this all of a sudden, my wonderful father-in-law called out of the blue and said to call DH's sis and find out who her lawyer was a few years ago. Did that and this guy was awesome!! Plus he only cost $300 :)
DH goes to court and him and ex go in to speak with the judge's assistant. Ex tries to take  her father in with her but was told no right away. She didn't have a lawyer as we figured she wouldn't. So the assistant starts asking questions about what is going on and she is throwing all kinds of things out. She starts with the counseling which DH's lawyer says CPS said VA was ok. So assistant says ok thats settled what's next? She throws everything out from sleeping arrangements to food to anything you can imagine. For everything that she threw out DH and his lawyer had an answer or solution. Finally the assistant says something about these being the kinds of cases he loves, where both parents want what is best for the children and its all solved. He is ready to send everyone home and grant DH his summer visitation. She speaks up and says that she  isn't happy so he tells her that the only thing left to do is take it to trial and he tells her that she doesn't have a case. She doesn't care. So he tells her that since she is being that way that not only does DH get the boys for the 6 weeks (which starts Sunday) that the court isn't backing the counseling anymore and that it will just have to start when he returns them at the end of August. (Which we are still putting them in counseling, we feel they truly do need it) If she had agreed before then the court would have said the boys had to be in counseling by a certain date or  DH would have to return them to BM. So the assistant starts doing the paperwork for the trial date and he looks at her and ask what her reason is since DH is getting visitation this summer. Her reply is to stop visitation for next summer (?!?! This woman is a whack job I tell ya!) He just shook his head and gave her a date that is 2 days after DH brings boys back. He then told her that she would need a lawyer and tried to discourage her again but she said that she couldn't just sit and do nothing.
So finally!! About damn time!! She came across as the PBFH that she is! She is trying to stop next summers visitation for no reason at all. OH lol this is funny, she said our place was too small and she didn't want DH to get summer visitation for that either. So DH said we would get a bigger place, and she asked if it would be by Sunday, which DH said ummm no, and she stated well I don't want him to have them until then.  This coming from a woman who has lived in her parents basement for 11 years!!
So hopefully everything goes smoothly on Sunday and she isn't stupid enough to not have the boys there. Then back to VA we go, where I plan to document! document! document!

[Kimberly9]

nm