supervised visitation

[socrateaser]

>1. How often does a Court make their own motions for
>"visitation review"?

Um...never.

>    1a. is this type of thing common?

see above.

>2. Do you have any idea what dad can expect?

To win.

>3. It seems the Court is preoccupied with guaranteeing moms
>visitation when by her not filing it seems obvious that shes
>not. Do you think I am reading this right?

I'd need to read the court's motion, but no, I think you're reading it wrong. I think the court wants to know what in the wide wide world a sports is a goin on, because it's unusual for a grandparent to say, "I give up" over their own child and grandchild.

>4. Ant further advice graetly appreciated I know you cannot
>tell me what the judge will do but this seems so left field
>that the Court call a hearing to modify visitation or set
>visitation when it has not been requested.
>
>One more thing the supervisor has not been ordered to appear
>at all.

You could subponea the supervisor, but the court will never issue its own subpoenas for third party witnesses to appear.

>
>

[futurestep-mom_AZ]

Thanks again i'll be sure to post the update after the hearing on the 21st.

In its entirety (minus the heading cation with County, Judge name and parties plus case numer) the Order reads:

                                        (in Bold) "ORDER
    The Court has received the attached communication from GRANDMA NAME, UNCLE NAME and UNCLES GF NAME. The Court sets this matter for a visitation review on THE DATE AND TIME ARE IN BOLD.

    DADS NAME may appear telephonically by calling (XXX) XXX-XXXX."

Then a CC where it was mailed to both mom and dad. The attachment in its entirety reads:

                                                                        "DATE

Honorable Judge XXXXX,
In reference to court order XXXXX, DADS NAME vs. MOMS NAME, I agreed to supervise visitation of minor child CHILD NAME every other weekend from Friday until Sunday with pick up and drop off in XXXX, AZ. Due to my work schedule my son UNCLES NAME or his girlfriend XXXXXXX XXXXXXX were agreed to supervise while I was at work. MOMS NAME was not to be alone or drive with said child on these visitations. Due to incidents that occurred over CHILDS NAME five day visitation over Thanksgiving week end we no longer feel we can be responsible for this duty. MOMS NAME has made it very clear she want s nothing to do with myself or her brother or his girlfriend. She has lied to DADS NAME and to everyone involved. Any further supervisors will have to to be agreed upon by the Court, DADS NAME AND MOMS NAME. As of this day Myself GRANDMAS NAME, UNCLES NAME and UNCLES GIRLFRIENDS NAME will no longer be able to provide this service for the above parties.

Thank You,

Signed by all three"

So from that we got the order

[socrateaser]

Highly unusual and a pretty concerned judge. In most jurisdictions, the judge would have yawned and then gone back to doing nothing.

[futurestep-mom_AZ]

We are just hoping the Judge is concerned for the right person--->THE CHILD. Anyway I'll post on Tuesday after the hearing and let you know.

Thanks agin for all the advice

[futurestep-mom_AZ]

Well the Judge let mom have it. He made her test again, We guess it was negative for drugs but the Court did not read the results, but mom said last four tests neg and the Judge said "Do you think I'm stupid you can buy stuff to be clean and you only come when YOU want it is not RANDOM as it should be." He told her NO VISITATION SCHEDULE and he would not accept her suggestions without driving records, criminal background checks and that DAD knows this person and is comfortable.


         Judge said ball is in moms court to come to dad to see child and he wants to see mom in rehab and NA. He believed that she was lying to all involved as stated in the letter and that it is not in the best interest of the child to see mom without dad present.

        As for christmas it is up to dad if mom can come up to us. He did not set another hearing and told mom"It is up to you now, prove to me you deserve some sort of visitation but right now I don't think the child would be safe." So that's it my fiance barely got a word in except to answer questions. Of course he plans to let mom see the child (the child needs to see her mom) but only here and only with one of us or one of his family members present.

Thanks for all the great advice.

[socrateaser]

It is a very sad thing that the child's mother cannot control her addictions, and that the result is that she cannot visit with her child.

Nevertheless, I wish you all a very happy holiday season.