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THE SYSTEM IS A JOKE!

Started by tharper001, Oct 15, 2004, 05:20:16 AM

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tharper001

Some of you know this story, but it's been a while since I've posted -- basically because the system takes so long to function.

Brief update -- my husband hired an attorney in February 2003.  He's been seen by the general master, and this past Monday was his first time getting in front of a Judge.  My husband has not seen his daughter since Father's Day.  The mother did not show for the General Master hearing.  The mother also took a deposition that she ended up storming out of with the child present.  The General Master ordered the mother to complete a psych evaluation, ordered telephone visitation, ordered the mother not to bring the child to court or depositions, ordered the mother not to discuss the court case in front of the child, etc., etc.  There are court orders established for visitation, etc. but they are ancient and in need of updating, which is one of our goals along with primary custody.

Mother talked to the psych evaluator and basically told her that she was not going to complete it.  The child has not talked to her father, except for the times he calls and gets her on the phone where she disrespects him like you would not believe -- I don't want to see you anymore, you are lying about my mother, etc., etc.  See... the child and her father were inseparable when they were together -- as a matter of fact, they were so close that I always felt like an outsider.  Her mother has brainwashed her like you would not believe.  We have much documentation that shows her unstable environment, the child failing in school, the child not receiving proper medical or dental treatment, etc., etc.  And her mother has always used the child as a pawn, and figured if she twisted the facts to the child so the child wouldn't want to come to her fathers, that my husband would stop his fight.  NOT!!!

Any way... finally got in front of a Judge on Monday.  My husband and his attorney, and the mother was there -- and brought the child.  So of course that was the first thing the attorney brought up.  The Judge just kind of blew it off.  This was a hearing for over 70 counts of contempt... no regular visitation, no summer visitation, no telephone contact, no notifying the father of a change of schools, not listing the father as a contact on school records, etc., etc.  My husband and his attorney showed up with much documentation, both in suits, professional, etc.  The mother showed up in shorts and a tank top.  The Judge asked my husband what he did -- business owner for 3 years, high tech equipment.  Judge asked her what she did - bartender for a pier (she's almost 40).  We are in Florida, so we've had numerous hurricane scares as everyone knows, and the child resides on an island.  One of the arguments that our attorney made was that the father was not contacted about evacuation plans, etc. with the storms.  She sat right there and flat out lied to the Judge and said she had called.  She is so full of s**t.  Anyway, CAN YOU BELIEVE THE JUDGE SAT RIGHT THERE AND LOOKED AT MY HUSBAND, A PILLAR OF THE COMMUNITY, AND TOLD HIM THAT HE DIDN'T KNOW WHO TO BELIEVE!!!!!!!!!!!!!!!!!!!!!!!!!!

EXCUSE ME?????  YOUR HONOR YOU DON'T KNOW WHO TO BELIEVE... THE PEOPLE THAT SHOW UP READY FOR COURT OR THE BIMBO THAT SHOWS UP WITH NOTHING, AND BRINGS HER DAUGHTER??????????

I cannot believe that... and I feel my bloodpressure rising.  I cannot believe the stupidity that sits on the bench.  The Judge did demand that the mother complete the evaluation within two weeks, or face jail time (sure, I'll believe that when I see it).  But all I've heard from our attorney is... her actions are going in our favor... just keep documenting, keep recording those nasty messages, keep getting school records, etc., etc. and it will all go in our favor.  WELL WHAT DAMN GOOD DOES IT DO TO HAVE ALL OF THESE FACTS IF IT DOESN'T GET SHOVED IN THE JUDGE'S FACE????????????????????????????  

Out of the 70+ contempt charges that we had against her, the psych eval is the only one the judge touched on.  The judge did not demand that the child begin her visitation again, or phone contact.  And out of 52 minutes in there, my husband and his attorney maybe talked for 10 minutes.  The rest was her interrupting the Judge and the Judge listening to her and talking... excuse me... my husband has done everything he was supposed to do, including spending thousands and thousands on an attorney.  This woman walked out of a deposition, did not show up for the General Master's hearing, refused to do the psych evaluation that was already court ordered... and the Judge wants to question my husband's words and facts that he has.  UNBELIEVABLE... IT JUST MAKES ME SICK!

msme

Boy, do I know how you feel. we travel that road regularly. Well, we may have some light at the end of our tunnel. Our bimbo judge is up for re-election. Her opponent is great. We have been out campaigning hard & heavy for him.

She went on a talk radio show & boy was she nailed. The only thing was that they took questions & gave them to her. She out right lied & there was no way to call her on it. Still she came across in a negative way. There was not one positive call.

There is no real solution to this problem. You have to be patient. If your attorney is good, he will get you through this. Hold onto the thought that with enough rope, she will eventually hang herself. That's what we live for.

Good luck & God bless

You never get a second chance to make a first impression!

Tennessee Dad

JMHO, I felt the same way at the preliminary hearings in my case.  The Judge always seemed to favor the BM, but looking back, I believe he was just giving her a standard to live up to.  When she couldn't do it, then he had legal justification to change custody to me.  Such as the psych evaluation.  If she does not complete, then that gives him more reason to rule in your favor.  The Judge may just be delaying it long enough so that the facts are irrefutable, and he can make his ruling based on law, not opinion (i.e., he said, she said).  

Keep documenting, and don't lose faith.  Keep you cool; the goal is to be won, but only in time.  The wheels of justice turn reeeaaal slow!  

Remember, just my opinion; or maybe I just had a real good Judge!

MYSONSDAD

Boy, do I hear you!

I think the peices will sooner or later fall together. Keep your nose clean, take the high road, What goes around, comes around...

"Children learn what they live"

tharper001

Some of you know this story, but it's been a while since I've posted -- basically because the system takes so long to function.

Brief update -- my husband hired an attorney in February 2003.  He's been seen by the general master, and this past Monday was his first time getting in front of a Judge.  My husband has not seen his daughter since Father's Day.  The mother did not show for the General Master hearing.  The mother also took a deposition that she ended up storming out of with the child present.  The General Master ordered the mother to complete a psych evaluation, ordered telephone visitation, ordered the mother not to bring the child to court or depositions, ordered the mother not to discuss the court case in front of the child, etc., etc.  There are court orders established for visitation, etc. but they are ancient and in need of updating, which is one of our goals along with primary custody.

Mother talked to the psych evaluator and basically told her that she was not going to complete it.  The child has not talked to her father, except for the times he calls and gets her on the phone where she disrespects him like you would not believe -- I don't want to see you anymore, you are lying about my mother, etc., etc.  See... the child and her father were inseparable when they were together -- as a matter of fact, they were so close that I always felt like an outsider.  Her mother has brainwashed her like you would not believe.  We have much documentation that shows her unstable environment, the child failing in school, the child not receiving proper medical or dental treatment, etc., etc.  And her mother has always used the child as a pawn, and figured if she twisted the facts to the child so the child wouldn't want to come to her fathers, that my husband would stop his fight.  NOT!!!

Any way... finally got in front of a Judge on Monday.  My husband and his attorney, and the mother was there -- and brought the child.  So of course that was the first thing the attorney brought up.  The Judge just kind of blew it off.  This was a hearing for over 70 counts of contempt... no regular visitation, no summer visitation, no telephone contact, no notifying the father of a change of schools, not listing the father as a contact on school records, etc., etc.  My husband and his attorney showed up with much documentation, both in suits, professional, etc.  The mother showed up in shorts and a tank top.  The Judge asked my husband what he did -- business owner for 3 years, high tech equipment.  Judge asked her what she did - bartender for a pier (she's almost 40).  We are in Florida, so we've had numerous hurricane scares as everyone knows, and the child resides on an island.  One of the arguments that our attorney made was that the father was not contacted about evacuation plans, etc. with the storms.  She sat right there and flat out lied to the Judge and said she had called.  She is so full of s**t.  Anyway, CAN YOU BELIEVE THE JUDGE SAT RIGHT THERE AND LOOKED AT MY HUSBAND, A PILLAR OF THE COMMUNITY, AND TOLD HIM THAT HE DIDN'T KNOW WHO TO BELIEVE!!!!!!!!!!!!!!!!!!!!!!!!!!

EXCUSE ME?????  YOUR HONOR YOU DON'T KNOW WHO TO BELIEVE... THE PEOPLE THAT SHOW UP READY FOR COURT OR THE BIMBO THAT SHOWS UP WITH NOTHING, AND BRINGS HER DAUGHTER??????????

I cannot believe that... and I feel my bloodpressure rising.  I cannot believe the stupidity that sits on the bench.  The Judge did demand that the mother complete the evaluation within two weeks, or face jail time (sure, I'll believe that when I see it).  But all I've heard from our attorney is... her actions are going in our favor... just keep documenting, keep recording those nasty messages, keep getting school records, etc., etc. and it will all go in our favor.  WELL WHAT DAMN GOOD DOES IT DO TO HAVE ALL OF THESE FACTS IF IT DOESN'T GET SHOVED IN THE JUDGE'S FACE????????????????????????????  

Out of the 70+ contempt charges that we had against her, the psych eval is the only one the judge touched on.  The judge did not demand that the child begin her visitation again, or phone contact.  And out of 52 minutes in there, my husband and his attorney maybe talked for 10 minutes.  The rest was her interrupting the Judge and the Judge listening to her and talking... excuse me... my husband has done everything he was supposed to do, including spending thousands and thousands on an attorney.  This woman walked out of a deposition, did not show up for the General Master's hearing, refused to do the psych evaluation that was already court ordered... and the Judge wants to question my husband's words and facts that he has.  UNBELIEVABLE... IT JUST MAKES ME SICK!

msme

Boy, do I know how you feel. we travel that road regularly. Well, we may have some light at the end of our tunnel. Our bimbo judge is up for re-election. Her opponent is great. We have been out campaigning hard & heavy for him.

She went on a talk radio show & boy was she nailed. The only thing was that they took questions & gave them to her. She out right lied & there was no way to call her on it. Still she came across in a negative way. There was not one positive call.

There is no real solution to this problem. You have to be patient. If your attorney is good, he will get you through this. Hold onto the thought that with enough rope, she will eventually hang herself. That's what we live for.

Good luck & God bless

You never get a second chance to make a first impression!

Tennessee Dad

JMHO, I felt the same way at the preliminary hearings in my case.  The Judge always seemed to favor the BM, but looking back, I believe he was just giving her a standard to live up to.  When she couldn't do it, then he had legal justification to change custody to me.  Such as the psych evaluation.  If she does not complete, then that gives him more reason to rule in your favor.  The Judge may just be delaying it long enough so that the facts are irrefutable, and he can make his ruling based on law, not opinion (i.e., he said, she said).  

Keep documenting, and don't lose faith.  Keep you cool; the goal is to be won, but only in time.  The wheels of justice turn reeeaaal slow!  

Remember, just my opinion; or maybe I just had a real good Judge!

MYSONSDAD

Boy, do I hear you!

I think the peices will sooner or later fall together. Keep your nose clean, take the high road, What goes around, comes around...

"Children learn what they live"