Horrific Custody Battle

[wendl]

Prayers are with you and your daughter LMAO hmm is your GAL the same one we had, Just kidding.

Continued prayers to your family for all of us here.

:)

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

[nosonew]

Yes, your priority is your trial and your daughter... We will be here waiting and praying... the trial is at the end of the month?  27th? 28th?  

Just know we are rooting for you!!!!

[aussierules]

Trial is on the 26th. Just to give you all some idea as to how complex things are I will try to snapshot it here.

1. Dr. P - Will testify about psychosexual evaluation that he did. This data was provided to CPS and Law Enforcement as well as GAL and anyone else who had an interest. Even mum has a copy because I made the decision to place it all into the public record that way nobody could say I was hiding anything. Dr. P is nationally known and came via my FTC.

2. Dr. C - Will testify about our ongoing counseling. I see her as part of my support network that took a beating along the way as mum made all of her allegations.

3. Dr. T - Will testify about the psychological evaluations he did on mum and I. I now have mind in hand and will release a copy to mum and her attorney on Monday. Mine was VERY good and mum took a couple of beatings in my report even due to her false allegation habits.

4. Dr. Y - Will testify about his original findings on custody as well as corroborating what Dr. P and Dr. T stated. He is also nationally known but more importantly he is one of the top CEs in AZ. His opinion counts for alot as he has the ear of many top political and legal officials.

5. Detective R - Will testify that mum has made multiple allegations of stalking and harassment that law enforcement sees as having no credence. Rarely do they in fact write a report on them. He will perhaps most importantly testify that she imagined she saw me on the playground of my daughteer's school with 2 shady looking men who apparently are my PIs. Hmm.

6. My Mother - Will testify what most mother's would. I am not going to put my family through this any more than they have to already. Lead counsel assures me that judge's for the most part turn off after 1 or 2 so we are putting her up to demonstrate I have familial support.

Experts #3 + #4 were court appointed.

I do apologize for the delay but as you can see trial is upon me. 3 1/2 years and it all comes down to this. Right now we have a full day with the judge but I am sure we will only get part of the way through this as the other side continues to duck & dive like a prize fighter.

My side will be arguing for:

1. Denial of motion to relocate filed by mum - like I said earlier custodial interference and not well disguised at that

2. Motion for contempt against mother on several grounds for her continued willful violation of existing court orders.

3. Motion for Finding of Fact that all the allegations made by mum were in fact unfounded or false. This is the one that the GAL has weighed in on with some insane logic. I may just start another thread to deal with this issue alone.

4. Motion for Injunctive Relief due to the number of false allegations. I am yet to agree on this finally with counsel but now with the mental health evaluation in hand I see this as critical to make the next few years surviviable.

5. Motion for PRC - Sole Legal Custody due to the behavior of mum as she tries to destroy the father/daughter bond through allegations of child abuse, move away etc. We will know more about our viaibility on this one as soon as we can see the mental health evaluation for mum which should be before the end of this week as the subpoena was issued to the psychologist yesterday.

NOTE THESE ABOVE ITEMS ARE IN NO PARTICULAR ORDER. I JUST WANT TO GIVE YOU ALL SOME IDEA OF WHAT IS GOING TO TRANSPIRE.

There are many motions in front of the court and I will go into all of that after the trial so that people can see what it has taken to come this far. I also have a scathing indictment of the GAL and the GAL role at least as far as this one is concerned and how AZ places them in roles of such importance and the damage they can do.

There are a couple of individuals I am concerned about as they have already demonstrated confirmatory bias and refuse to believe that mum is making up all of the stuff she has accused me of. This is despite the overwhelming amount of data and science we have brough to the table. I think I have the right team so I am hopeful we can negate the dubious things these people have to say.

Thank you all for your well wishes. I am having a final meeting with my lead attorney and FTC this week. Battle commences at 9am on 8/26 so keep your fingers crossed for me.

[Peanutsdad]

I have been watching your story unfold, and wait to see how it turns out. My own ex has practiced many of the tactics yours has, just not to the same degree.

My thoughts and prayers go with you.

[aussierules]

I am sorry you have had to go through what I have. It is so sad that a person you once cared for can turn around and do this to not only you but your child. I have had many wistful moments these last 3+ years wondering what ever became of the mother of my child.

I did get my psychological evaluation back and it was really good. He even recognized the false allegations made by mother and their totally detrimental effect and the fact that when she came to see him she could not stop ripping into me while I never did anything like that to her during my evaluation. Basically in summary all tests MMPI, MCMI III etc. came out normal and no mental issues other than situational anxiety and depression tied to the events of the last 18+ months.

I have discussed with counsel and we will be releasing an unedited copy to mum and her attorney tomorrow. We are going to request hers but if her patten of behavior is consistent we will in likelihood be ignored and she will try to prevent us from seeing it until trial. We have generated a subpoena to the psychologist just to cover all bases. The FTC had some additional ideas about how to get the information to the original CE but as yet my lead counsel has not commented.

I did finally secure the progress notes from my daughter's therapist and of course no surprise there because she still leans heavily towards mum and for some reason wants to believe I did something just like the GAL. Incidentally we did as I indicated earlier file a Motion for Finding of Fact & Conclusion of Law (MFFCL). Last week the GAL filed a response and stated essentially that just because CPS unfounded that does not mean that the alleged acts did not happen. Of course she ignored all of the other data we supplied to support my MFFCL and argues that basically once an accusation is made that no matter what any agency finds - CPS or Law Enforcement in my case and no matter what experts have to say even if they are mine or court appointed they must be wrong. This is NOT advocacy for my child. This GAL has lied throughout the process. She has called me a "GROOMER", she has accused me of trying to outsmart and outwit (sounds like an episode of Survivor doesn't it?) all of the professionals. Despite evidence that even other objectives parties have concurred with she REFUSES to accept that mum lied & the notion that mum is trying to bury me legally and emotionally is beyond her comprehension. This GAL's behavior is so egregious that I am going to devote an entire new thread to the way she has conducted herself. I have read other's experiences with these individuals on this board and it is a sad statement I make that mine is orders of magnitude worse than anything I have heard here.

It is a good job that I am not a conspiracy theory person. It is a wonder that I am still standing. When I am done I will tell you all more about me because I am an average Joe who nearly got screwed by the system in AZ and it is frightening what can occur in one's life that almost takes everything away including your freedom.

I realize that this was more than just an answer to your post but I had a few things on my mind.

10 Days and counting ....

[Peanutsdad]

If it's any comfort, I did gain primary custody, and my childs mother is ordered into therapy and/or medication until such time as a psychologist is ready to claim she doesnt need care any longer.

[SallyandJack]

Hi Aussie -

Wow...what a horrible story.  Uraphilia - just when I thought I heard it all!

I am so sorry for what you are going through and I will be praying for your victory in this mess.  Thank God you have the means to good lawyers & such....and thank God you had the smarts to find them!

again, i will be praying for you and your little girl.

[aussierules]

I am just about to post a longer message but my case appears to be headed down this road. The psychological evaluations have arrived and finally some good news! Read on.

[aussierules]

Well the psychological/mental health evaluations on both of us came in. These were originally due for our trial in April 2004 but at the last minute mum made yet another allegation that I had been in counseling since I was a teen. Completely unprovable but it did stop the evaluator dead in his tracks. I had motioned for these back in December of 2003 and after some strange goings on which will be part of the main story I got our judge to compel the evaluation to occur. I agreed to go also to prevent any accusation that I was not willing to walk the same walk that mum was.

My report was unremarkable with no evidence of any mental health issues other than situational anxiety tied to the false allegations of child abuse made by mother. Mum however got slammed. The psychologist tagged her with AXIS1: Anxiety & Depression and AXIS2: BPD. He went on to recognize that she her allegations were part of a complex set of acts designed for revenge. Additionally, he found her to be actively trying to terminate the father/daughter bond through parental alienation and custodial interference activities - move away. Basically as my FTC is fond of saying (and incidentally he predicted these findings a long time ago) she has a smorgasbord of mental issues. This report should be devastating to her case.

I met with lead & co-counsel today as well as FTC and we look like we are ready to go. We will amend our pre-trial statement and file a couple more motions and responses to replies to motions from the GAL and mum's attorney just for completeness although I do not believe we have to do these filings.

Wish me luck!

[nosonew]

That's great!  I will keep my fingers and toes crossed that they don't ask for the case to be continued....while they try to find a way out of the psych mess! WONDERFUL NEWS!  Will be waiting anxiously to hear how trial goes.... all thoughts and prayers with you and your daughter!---Nosonew