Motion is false

[dipper]

Hi, I have posted this on soc's site, and am hoping I didnt fully explain myself the first time.  I just hate to think this is going to go through because I didnt know what was going on....

On Labor Day, my dh's ex came to the house to pick up ss.  SS didnt want to go.  He had pulled this the weekend before, but dh got him to go that time.  This time ss was just adamant.  Well, dh told him that he had to.  SS was stalling and went outside...dh called him to get his backpack that we had bought for him.....and walked him outside.  SS put the backpack in his mother's car.  SS still didnt want to go, and dh told bm that she could enroll him in school here......She went off - MF this and SOB that.......I could hear her inside and I had the TV and AC on....

Both ss' were outside and they each told her to stop cursing their dad...they didnt have to ask dh this as he didnt curse her.  Well, ss got so upset that he got his backpack out of her car and put it in his brother's car.  She cursed and raged.  Finally, ss told her that if she respected him, she would let him go to school where he wants.  He was sitting on the tailgate of dh's truck and she slapped him - hard on the face.  Left a print.  I heard the whap in here.....my daughter was looking out and saw it.

Of course ss wouldnt leave then and dh no longer tried to get him to leave.  She goes to the police station, they call and talk to dh - talk to ss, he asks about filing assault charges.  No one comes out to get him.

The next day, dh takes ss so that ss can file the charges.  A police officer comes in and tells dh he has the order to remove ss and take him back to bm at J&D court.  So, dh goes there because he had wanted to file an ex parte.

The clerk just kept telling him to sit down and wait to be called into the court room - never giving him the forms to fill out himself.

When called into court, the judge chewed dh out....saying that he should have physically forced ss into bm's car...and that he didnt believe dh tried to encourage ss to go with his mother............then he chewed ss out.....

Not once did the judge ask dh what happened or any direct questions about it - he didnt ask if dh had refused to allow ss to leave or refused to return him, nothing.....just fussed.

The judge did say he was aware that ss had filed a charge against bm, which he seemed to take lightly, and he asked bm if there was a charge against dh and she responded no.

Well, today, dh got a summons for a show cause.  This was filed Sept. 6.  When bm went to get ss back, she had filed a show cause stating that dh "would not return child to me on 9/5/05."

On the next page, which had been signed by a judge before he saw dh or ss  - this was the order to have ss picked up by the police....

Findings of the court:
XXXXX, Father of the child, did not return child from regularly scheduled visitation on Sunday, September 5, 2005 at 7:00 pm.

This is a lie!  DH was not to return ss on Sunday - and Sunday was Sept 4.  It was not a weekend visitation, it was his labor day holiday.    And, she had come to pick up ss at 5:00.  

DH did remember the magistrate mentioning to the police officer to look at the dates when he came after ss..........

Dh was never handed any papers - he never saw any of this until today.  The judge never asked him what happened or asked questions of the incident.  He simply ripped on dh about not forcing ss into the car.....and acted as if he is disgusted because he is hearing another custody case so soon.  

We feel that she filed a false show cause statement, the judge looked at it and listened to her side and that was it.......

Given that dh had not seen these documents, doesnt he have the chance to fight this as lies?

[gipsy]

I  Pierce county wash , You Could file a motion for reconsideration , But usually the first motion is heard By a commissioner , The problem is , There was No Result from the judge , Did you really see a judge first ?
   Secondly , He now has the capablity to file his response , And state the facts . That she is arguing about the wrong day <
  Was the child returned By the right time ?
    And I would go to the police ,
      Here's what I learned in Pierce county , If you have the right time and day , You can get a  copy of the 911 Call just go ask the police < I would be really nice you want  the police to give you the info , I think they would if you explain that she is useing the wrong day , I would get on it Because it takes a while , And besides you can go to the court and file to continue the motion Till you have the 911 Record , I believe they will give a printout , As they did to My psycho When she was trying to make a big issue of the 911 call she made when she tried to have me arrested , She had a dictation of the call , It didn't make a bit of difference in the big picture ,
   Hopefully you have an atty to ask or ask a few atty's , And just ask what to file to get the hearing set to a later date when you can have the dictation ,
 I know you can do the dictation  for two Reasons < One I was a block watch captain , And secondly , My ex did this ,
   It seems you could file  with a copy of the parenting plan , Wich the court has any way , And A copy of the dictation showing the date of the  call to the police , And third  you need an atty's advice , Not mine , I think these things because I have been through this kind of stuff and , I answered to her atty with a Fax stateing that she was wrong about the time of drop off  : As your psycho is . And wrong about another issue she was trying to Get her atty to threaten contempt charges over , And of course they dropped the whole thing when they saw I was right and she was wrong about the drop off time
   It was My psycho's atty that requested the Pick up and drop off time be at Mcdonalds, So My atty told me to do it , And If there was any time related isuues , I was to by a coke at the times of thew exchange , and that would be my time ticket to show I was there , And By haveing a neatral place , Then Things have melowed a bit , And I alway's mention Video tapeing ,  My atty advised me to do it , And that puts every one on there best behavior , And psycho would make an Issue of it ,
  Wich she did , And  her atty wrote a letter . My atty  said we could show that to the judge and say , "Whats she hideing , If She's not the one causeing trouble then why would she have a complaint over video tapeing ,"?
   The tapeing was brought up at trial , And My atty felt that it had a affect on the judge that was favorable to me < I  thought that way also ,
the tapes were never shown .

[dipper]

Gipsy,

There is no 911 call - she went to the police station.  The officer called my dh from there and talked to him and my ss.

She was to pick ss up on Monday.  She came, he wouldnt leave.  

She filed a show cause stating dh would not 'return' ss to her.  Yes, dh was at the court house the next day trying to file an ex parte when the clerk just kept telling him to sit down.  They called him into court and the judge chewed his butt out.  DH didnt even know what he was in as far as hearings go......

No papers were showed to dh until the officer brought them Friday - that is when we saw that she had lied stating that dh was to return ss to her.  And evidently from that is where the judge got the idea that dh was to take ss home on Sunday - wouldnt - and then she came down here on Monday and he refused to give her dh.  Total bull!  None of that happened...........But, the order to have ss picked up by the police was based on these lies......

She is a master player.....tells ss about her bf's and overnights but doesnt take him around them.......even went to church Sunday with him - something she has never done - and something dh does on a regular basis.  She even sent a visitation schedule - something she has NEVER done though we have tried many times to sit weekends up in advance.  Of course, her schedule states that it cannot be changed as they will be going out of town.  Guess what?  This past weekend -they DIDNT go out of town.....just another one of her lies...

It is so frustrating to deal with someone who will do anything to screw you over....

[gipsy]

I'm not sure , But you said she sent a schedule . BLAH BLAH , And it will not change ,
   Well Usually there is a parenting plan that is court ordered ! . If not maybe you need to propose a parenting plan . Like mine , It says every other weekend , EO holiday . 2 weeks summer , At first grade 4 weeks summer , And spring break is open to negotiation .
  The point is pick up and drop off is in writeing , As In . Friday 5 pm Mckdonalds at gig harbor, Drop off Sunday 5 pm University palce mcdonalds ,
  I think this type of thing would solve the problem . Except of course if the child won't go home , There is a link on this site I'll try to find it and get back to you

[dipper]

Court order simply states three weekends per month.  In the past, many times dh has not known until the night before if she is allowing ss to come for that particular weekend.  It was the same this summer - even when we were down to the last two weeks that visitation was possible - he had to have it those weeks or couldnt get all in....she was still saying - that is fine now, but may have to be changed as circumstances alter.

Dh has proposed schedules ahead of time and she would not even reply -then change all dates when it came to pass.

then she sends this schedule for the two months - and it has to be exactly as she says no matter if we have plans or not.  

Yes, it would be better if it were written 1st, 2nd, and 4th weekend.....and they could alter if necessary, but have those specified by the court....

[gipsy]

You have to have the time and place of the transfer and the 1st 3rd and 4th specified  in writeing in the order ,so she can't do this you could [ask an atty] maybe file contempt on her and a order or something to clarify the exact time and place of the exchange , I would make this similar to mine where there is a Mcdonalds or sometrhing that you could get a reciept to show the time and date and save those , Keep your mouth shut about the reciepts and use them when you file contempt , In Pierce county wash , My cousin [pro se] got a lot of good information by scheduleing a meeting with the court facilitater . And also My atty filled out contempt papers for him and he had a contempt hearing pro se , This straightened things out a bit , Also use a video camera ,