AUSSIERULES Trial Report - AZ

[wendl]

Continued prayers for your daughter and your family.

I cannot believe she used the F word on the stand, what a nut, if she needed to say that stuff about you she should've choose a different word than that.

Waiting for the outcome has to be horrible, I can't stand the hurry up and wait game.

Your family is in our thoughts

:)

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

[homerette]

This paragraph or statement is interesting, I dunno about AZ but I know in at least 2 other ststes age 14 is really a cutoff age to make molest or attempted molest charges a much more severe crime. I wonder why she used that age? Also its amazing how closely similar some people choose to act, I wish my hubby had been able to stop both relocations  all of the false accusations and the years of interference in contact. In the past 5 years homer has traveled over 36,000 miles to spend 81 days with his children.



He then asks her what she is worried about and she says and I quote "I am worried that he is going to FUCK my daughter before she is 14 – that is why he is dressing her up like a stripper. He always liked teenagers you know."



Proud to be a homerette

[aussierules]

Perhaps you are right about the significance of 14 but to be quite honest I was so offended at the accusation made as it was right in front of the judge that the age was lost on me. I focused on the relocation as an act of custodial interference. I think it was clear to all parties that given the timing of her request - not made until after she lost out at the custody evaluation that this was an attempt to essentially terminate my rights as a dad. AZ like many states requires best interests of the child but also lends weight to the parent who does not move and requires the moving parent to show that this act will not hurt that parent's relationship with the child. I think it is also critical that the court appointed psychological evaluator made statements that her proposed action to move out of the State of AZ was likely done to affect the father/daughter relationship. I still think that judge's are fairly sensible and that they can see through this stuff. Even the child's therapist opined that a non concensual move would be prejudicial to our child. I am sorry for "Homer's" plight. Hats off to him for doing the travel and for the former Mrs Homer may she get what she truly deserves for denying him real access to their kids. If only these people could stop and see what they are doing to children instead of acting to hurt the other adult in this equation.

I AM STILL WAITING ON THE JUDGE.

[chipmunk226]

Wow, you still have not heard anything?  I wonder what could be taking sooo long.  Are you getting nervous?  

To me it seems cut and dry... Moms a psycho and needs help and your daughter should be with the more stable adult.  What do you think the hold up is?

[janM]

Around here decisions can take up to a month. A friend of mine took his ex to court for contempt and it took exactly that long. She was found guilty and given a suspended sentence provided she did certain things. She still hasn't complied with most of them. She also objected to the ruling (didn't work) and appealed (that didn't work either).
They have a new contempt hearing tomorrow, along with change of custody and child support being heard too. Possibly hearing the motion to impose sentence too (month in jail plus fines and atty costs plus taxes she shouldn't have claimed).

Hope you hear soon, Aussie.

[aussierules]

Yes I am getting nervous but I still feel like we put on a good case. We used science, experts and took the emotion out of it while mum put up only her mother and her best friend. The judge realizes that this has been going on for over 3 years so probably he figures what difference does a few more days make. There are close to 50 outstanding motions to rule on and many of them have replies, replies to replies etc. several layers deep so it will take a time to weed through it all if he is going to do it right. I am concerned about several key items however.

1. Motion for Relocation (Mum Submitted)
2. Motion for Contempt (Dad Submitted)
3. Motion for Finding of Fact (Dad Submitted)
4. Motion for PRC (Dad Submitted)
5. Motion for Psychological Evaluation of Daughter (Dad Submitted)
6. Motion for Therapy for Mum (Dad Submitted)

There are of course subtleties involved in each of these but any final order from the judge needs to address these. This is a bit of an over simplification but I think you all get the idea. I am not sure this is a hold up per se but more that the judge realizes the significance of what he is doing and he wants to get all of the data into a final ruling so that it is less likely to see an appeal from either side.

Mum is not well clearly. Mum does not realize she is not well. She has shown that to the judge and other parties like the GAL. The question is whether they can see the damage it has caused to date and what the damage it is likely to cause moving forward. I do not think that is a leap of faith but a simple review of what has gone before and applying that to see the likelihood that it will happen again. As a matter of fact mum has been messing around with telephonic access post trial preventing contact between us in violation of existing orders as well as making threatening phone calls accusing me of blocking access to my health records by the court evaluator. Additionally she has told me that if I show up at my daughter's PTA/PTC night on Friday when she has our child that she will call the police. Who knows why but once again it should show the court that this woman cannot parent jointly in any way shape or form.

I will say what I have always said. I believe I can offer a more stable and nurturing environment to my little girl and one that comprehends a relationship with the other parent. The same CANNOT be said for mum as her actions have clearly demonstrated.

[tracylee]

I have watched in silence thus far, but feel I need to interject at this time.  Arizonaa may be different, but in Indiana, my husband and I just went through our own "horrific" custody battle. From start to finish, ours only lasted 4 months.  They were the longest 4 months of our marriage.  We found out in March of this year that his ex wife had been doing meth, crank, pot and xanax for the previous 2 1/2 years.  Her husband had finally gotten tired of it and through her out, she hadn't made the house payment for 3 months and the utilities were all scheduled for disconnect.  She ended up moving in with my husbands mother along with his 2 daughters ages 10 and 9 at the time (they have recently had birthdays).  That's when it all came to light and my mother-in-law placed the phone call to us about what she (his ex) admitted had been going on.  She did not then, nor does she now, think she ever had a problem with the drig use.  We had an emergency hearing on April 1st and custody was given to mother-in-law, due tot he girls needing to finish the school year and we live in Georgia.  We went for a follow up hearing in June and we were granted our summer visitation for the enxt 7 weeks and a final hearing would be held on July 16th.  Meanwhile, GAL, her own mother, mother-in-law, her best friend and my husband all submitted sworn affidavits about her drug use and all of the numerous times she had endangered the girls by taking them to drug houses, smoking in the house while they were there, having them in the vehicle while under the influence...those sort  of things.  It was recommeneded by the GAL that the girls be placed with their father and the mother have supervised visitation only unless she enetered an extensive drug rehab program.  Did she do that in the 7 weeks the girls were with us?  No.  She continually blames anyone and everyone else and firmly believes that she does not, and never did have, a drug problem.  She is a habitual liar and has been jailed for check deception.  She uses anyone she can to get what she wants, if that includes the girls, then so be it.  It took 2 days of testimoney.  Our side included the GAL, her mother, my husbands mother and her best friend that had cleaned up and testified to every instance in which they "used" and when and if the girls were present at the time.  Her side consisted of the principal of the girls' school, her friend and the girls she worked for.  Inceidently, she worked at the girls' school in the lunch room for an hour a day for the last 2 years and ended up fired for never showing up.  She now works for Dollar General.  She perjured herself ont he stand on more than one occassion during the course of all the hearings combined.  She failed a drug screen for meth, pot and xanax in court.  My husband passed (of course).  Guess what the outcome of this was?  The judge ordered her into rehab, my husbands mother retained custody, my husband has to continue to pay his ex child support AND pay his mother support and his ex may get custody of the girls back if her counselor writes a letter stating that the kids are "safe with mom".  My point is, do not get your hopes up.  There are judges that allow favors or have deaf ears.  Our attorney told us this was "open and shut".  Te facts and proof were astronomical in this case.  Even before the last court hearing, the GAL called the girls and asked them how they felt about things and they both told him they like it with us and wanted to stay.  The GAL submitted that information in court.  I just don't want someone to go through the emotional trainwreck that we went through after that last hearing.  you'll never know how long the actual drive back to Georgia really was.  Never.  I sincerely wish you the best, but even under the best circumstances, you can get screwed.  Good luck Aussie....if all that you say is true and you have been a loving father to your daughter, then you deserve the best outcome.  Maybe your ex and my husbands ex can get together and go bowling??  My best to you.

[aussierules]

First of all I realize that any forum is not ideal because only one side presents their position. I feel like I have been overly careful to focus on my child's needs and NOT to villify mum or her family. The reality in my case is that I have been accused multiple times of horrendous things by mum - if you do not see me as credible that is unfortunate. When you or others say "if all that you say is true: or things like it a raw nerve is touched. I came here to help share an experience with others so that perhaps they could learn from my misfortune. I have been exonerated by CPS & Law Enforcement each and every time one of these nasty little gems has been dropped in my lap. I looked back at my contribution to this board after reading your email and I feel I have been as even handed as I could have been on this case - certainly more than mum would have ever been.

I do not get my hopes up other than perhaps carrying a wild notion that my judge takes his role of protecting our child seriously. We have one parent who cannot stop disparaging the other parent and putting her then 4 year old through a living hell to try and remove daddy from the face of the planet. I think your case is pertty awful by the sound of things but clearly no 2 cases & no 2 judges are the same. I think what I have going for me is that the COURT APPOINTED psychologist has asserted that mum has 3 distinct and maladaptive personality disorders. While one may cure a drug habit or addition it is a far more complex and sinister business to try and provide therapy to the 3 headed monster that I face.

My attorney has NEVER said that this was open & shut because so much of the case deals with grey and not black/white. He says that we have put on a strong case and our judge has not acted impulsively thus far. I do not think he is willing to rush to judgment because he knows what is at stake. I am suer that if he felt as though I was a risk to my daughter then he could have taken action on the day of trial. For that I give him credit because the GAL has not exactly helped me along this long and winding road (thank you BEATLES). I have tried as hard as I know how to put a case on using the best available experts, I have used a national FTC, a gang of lawyers and hopefully that will do the trick.

Sure it scares me to hear you say what you said. The fact that these people liek the therapist can be allowed to screw up children without a consequence is astounding to me. For eternity you have put me off IN so no worries on me moving there anytime soon. I do not mean to sound mean spirited because I appreciate all feedback that I get as long as it is constructive and I can learn from it. My point is that unless SPARC can get both parents to contribute then what we are al faced with is half the view but hopefully the parent providing it is not willing to hyperbolize their situation for theatrical or dramatic effect. My experience has been described for the most part without editorialization and I wish you could see that.

I do appreciate your wishes and maybe in time as I post more and I report out on my case accurately & consistently you will come to place more value & stock in my dissertation. I plan on offering up the entire product of my case post decision (with redact of course to protect my child and mum's identity) so people can see that what I said was true in its entirity. There is nothing like the truth when it is written down for all to see. I wish you and your husband the best of luck moving forward.

AUSSIE OUT

 

[Peanutsdad]

My own case, the evidense was ovewhelming. It still took 14 months, and 18k.

At that, it was cheap compared to some here who have literally spent 100's of thousands on their court cases, and years tied up in court.


I have to ask you tho, could your husband have lived with himself if he HADNT tried? To try and not win,, is hard to accept in the face of the evidense, but to not try at all......


I think THATS what makes everyone here continue.

[tracylee]

Wow.....I'm sorry if I struck a nerve.  I guess, truth be told, one who has survived sexual abuse as a child would be  leery of any man being accused of such things.  That is not something I would have chosen to reveal, but in light of the fact that I apparently upset you by my comment, I wanted you to know why I said it.  

Obviously every case IS different and judges all have different opinions.  Maybe if we had the teams of legal support that you have, our outcome may have been different.  

I hope you no longer have to deal with the monster of an ex wife that you have.  Your daughter does not deserve to live with a three headed monster.  

I have always been impressed with you writing eloquance and how you have been honest about the facts int he case.  It is obvious from all of the replies you have recieved that you have been able to keep these readers on the edge of their seats awaiting an outcome.  You have people praying and crossing their fingers for you and your daughter.  I am included in that grab bag of folks that care and want justice to be served.  I guess just seeing how hopeful you seem makes me somewhat jealous that you may actually win your case and we did not.  Every child deserves a chance at a healthy life, yours and mine included.  You have, by far, had to face a much longer and more winding road than we have and for that I am truly sorry.  

So, in close, I will go back to watching from the sidelines and hoping for the best for you and your daughter.  I truly hope yours turns out better than ours.

TRACY OUT