Aussie...anything yet?

[skye]

Still praying for you and your daughter , and hoping all is working out, This seems like so long to wait, here its 5 buisness days ..I can only imagine how hard the waiting must be.

*hugs*
Skye

[skye]

EOM

[aussierules]

Judge ruled.

He denied mum's request to relocate 2500 miles away saying it was done in "bad faith and to gain an advantage in the custody battle".

He gave me my finding of fact and stated on the record that "no act or acts of abuse occured by the father".

He found that I would be the best parent to foster and nuture the relationship with the other parent (mum).

He recognized mum's mental disorder.

BUT THEN OUT OF LEFT FIELD ...

He said I had an emotional problem.

He refused to take any recommendations as it relates to mum and her BPD & other personality and mental disorders.

He required me to take 40 hours of parenting instruction.

He stated that mum had been the primary caregiver to my daughter and that she recognized the need for therapy for my daughter. This is wrong on both counts as we detailed in our reconsideration brief.

He asserted that I did not understand age appropriate boundaries with my child. A finding based on the testimony of mum's mother and her best friend is hardly science.

He commented that a joint parenting arrangement was not logistically possible even though we have been doing it for 4 years.

He changed the schedule of visitation from 3/3 to 6/4/2/2 which nobody has ever seen. So now I see my daughter 4 days less a month and I go

AND WORST OF ALL ...

He gave mum SOLE CUSTODY. I have NO legal rights. If I had been a drug abuser or I had a history of DV I would have done better. It is as if this judge just does not like the thought of giving men custody. However that is NOT the law. Sure he has discretion but this is a total abuse of that discretion.

He said that he would not consider a modification of access & custody until I completed at least 40 hours of parent and child development education. I will of course walk through that door once I have met the requirement.

My attorney and FTC said that they had never seen anything like it. The minute entry had errors so we filed an immediate motion for clarification and reconsideration with a motion to stay the order. Within 20 hours he said he looked at it and denied it outright.

There are many things wrong with this decision:

1. The judge's decision smacks of gender bias.
2. The judge has no basis for many of his conclusions.
3. The judge ignored the findings of his own court appointed experts.
4. The judge's decision is not consistent with the available AZ case law.

My attorney, GAL & opposing counsel met with the judge last Thursday and now with mum having SOLE CUSTODY he allowed her to pick a therapist for the child. I have no say at all. This has the foul stench of the GAL written all over it. The judge refused to order an evaluation for my daughter to determine whether or not she needs therapy & to leave the decision 100% to mum.

It is as if mum is being rewarded for her bad behavior. The relocation portion of the minute entry was horrible for mum. The judge said some horrific things about her but then he did a 180. So much for common sense on the bench.

Mum has already started her attacks on me by hammering the changes home to my daughter. My child came to me last Thursday and said she did not want me to be like mum and she asked me not to talk about all the "stuff". I complied with her request.

SO WHAT AM I DOING NOW ...

My FTC has agreed to stay on at no cost to help.

I selected a qualified local therapist qualified in parenting education and child development. I will complete the 40 hour requirement by the end of next week and then we will motion for a modification back in the Superior Court. Again, I fully expect to be denied.

I located a former JAG lawyer in AZ who has done successful appeals to
the Court of Appeals - he will now take my case to the Court of Appeals Division I in Phoenix.

As soon as the order is signed - the judge made me prepare it just to add more salt into the wound, we will file a Motion to Stay Pending Appeal in the Superior Court. Based on this judge's shocking behavior we fully expect him to deny my motion. Last time he met with counsel he was apparently quite angry.

At the same point in time my appeals lawyer will file a Motion to Stay in the Appellate Court and ready the brief for a full blown appeal should we not win. I realize that an appeal is hard work but I cannot give up on my child at this point. The decision makes no sense. This county has a record of bad superior court decisions and mine is one of the worst.

I will keep you all updated as to the sequence of events and timeline so that you can see how I am doing. I have sold all of my assets and dug into my retirement to make this appeal happen but I could not live with myself if I gave up here. My child needs her dad in her life and if mum is allowed to go further down this road I will become a peripheral part of my child's life.

MY CHILD AND I NEED ALL OF YOUR THOUGHTS AND PRAYERS. WE WILL TAKE THE FIGHT AS FAR AS IT CAN AND NEEDS TO BE TAKEN.

AUSSIE OUT

[MYSONSDAD]

This Judge needs to be removed from the bench and disrobed.

What a crock!

APPEAL, APPEAL AND DO IT SOME MORE!

You seem to have a good team on your side. It says a lot that they are staying on this at no cost.

The real victim is your daughter, my heart goes out to her. You both have my prayers and good thoughts going your way. Persistence WILL pay off.

"Best interest of the child", MY A$$

[nosonew]

OMG...I am shocked and saddened for you and your daughter! This is insane!

I am sooo shellshocked...I don't know what to say...

I am sooo sorry... I hope you do get your day in court...with justice

[wendl]

Aussie,

I am so sorry to hear about the ruling and omg sole custody to mom what a crock.

I know you will continue to fight for the safety and well being of your child.

Your daughter and your family will be in our continued prayers.

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

[futurestep-mom_AZ]

I am so sorry!!!!!!

I am in AZ too if you need any help on anything please let me know. i am in Phoenix area my fince has a custody battle going on in Graham COunty he just got joint legal as primary from mom having sole (all of this only b/c she tested positive for meth in Court). But if you need me to bang on doors or get a message out about getting rid of this judge you let me know. (too bad elections just ended was this idiot on the list?--I would love to know his name so I know who to vote against at every possible oppurtunity ever made available)

Again I am so sorry for you and your daughter. I'll keep you both n my prayers

[aussierules]

Judges are never punished unless their acts are so egregious. It is almost as if he is daring me to do it.

I am following all of the procedural requirements laid out by the Court of Appeals so I can get my case in the best possible state before I get there. Dean Tong is staying on board for no $$$. I had to find and pay my new appellate attorney but that is just the way the cookie crumbles at the end of the day.

I am just about ready to go public with my name and details of my case because Dean is of the opinion that some public scrutiny of this insanity is in everyone's interests. The confirmatory bias in these cases is just amazing and I mean that in a bad way.

Yes I would concur - my daughter is the victim. She just wants to be left alone and these idiots cannot see that. The people the GAL has put on the table are MA with no speciality in these types of situations. It is like the nightmare will begin again. The only things in my favor right now are that:

(1) I have the funds to do a real appeal
(2) I will be able to access the therapist records & meet with her & my child.
(3) I will not give up because I know I did nothing wrong.
(4) I am going in with one of the country's foremost trial consultants.
(5) I have a strong child.

Today I received a letter from the GAL asking for more money of course and then telling me that I am 1/2 responsible for the therapy that mum is about to order up. She again states that an evaluation as requested by the PhD on this case is OPTIONAL not MANDATORY. She thinks that therapy should continue as it has done in the past. Remember no treatment plan, no diagnosis but on they go. It is almost as if they think the last 14 months were successful.

I guess that I am still in shock on this but I need to focus on getting this fixed. Even the court appointed psychologist said that this is not that surprising coming out of the county I live in. Good old boys keeping the status quo was what he said.

The appeal process is not fast by any stretch of the imagination but it is all I have. I will as I think I said in my earlier post file one more motion to the superior court for a modification based on completing the 40 hrs of parenting & child development education with my parenting coach. I am sure this judge (and I use that word loosely) will deny be but I want to paint him into a corner even more before I go into the court of appeals.

Please stick with me on this. I will keep you all informed as best I can.

AUSSIE OUT

[aussierules]

Drop me an email - [email protected] - I want to talk to you.

I am in Yavapai County.

Judge Mackey did not appear on the ballot.

I could stand someone to talk to.

I need some connection to the media I think because that may be my next recourse.

AUSSIE OUT

[aussierules]

It has made the bottom of my world fall out.

Judge Mackey - let's start calling people by their real names so they can be held accountable - stated that he did not feel that my time should be limited with my daughter. So he cuts me from equal time to 12 days a month. More judicial nonsense.

Judge Mackey gave me my finding of fact that no act or act(s) of child abuse occured by me. Then in the next breath he says that he feels like he cannot control me through court order when in reality the one he cannot control is mum. He concedes that in his minute entry.

Judge Mackey chose to ignore his own experts. None of the half dozen PhD experts assigned to this case - most of them by the court ever said I had a problem but Judge Mackey allowed the bias testimony of mum's best friend and her own mother to impact his judgment.

Judge Mackey gave credence to the MS therapist who did not even produce a treatment plan or diagnosis over the multiple PhD resources. I

Judge Mackey listened to the forked tong of the GAL a sixty something woman who called me a GROOMER before she ever knew much about this case. It was she who stuck the knife in me at every turn like a Thanksgiving Turkey. May she go to hell if she is not there already.

AUSSIE OUT

Judge Mackey refused to take the decisive action needed to control this mum with mental problems. The very person he is supposed to protect is the one he is sacrificing - my child.

I WOULD HAVE FARED BETTER IF I HAD BEEN A DRUG USER OR A MAN WITH A DV PROBLEM. I AM BEING PUNISHED BECAUSE OF THIS JUDGE'S PREJUDICES AGAINST MEN BEING CUSTODIAL PARENTS. I AM ABOUT READY TO PUT THE WHOLE DAMN THING UP ON THE NET AND LET THIS BE JUDGED IN THE COURT OF PUBLIC OPINION.