The Courts do listen at times

[Scupper]

It has been a long time since I posted here going on 11 years my son in this matter is 6 years old (long story which I will not bore you with). Here is a short synopsis of recent events.

PBFH claimed Domestic Violence, was able to get all assets of mine frozen by the courts and a temp primary custody of our son, of course CS and alimony was granted totalling over 60% of my income. Then systematically her and her attorney's began to remove me from my son's life. I have not seen nor spoken to my son in over 5 weeks, although I have attempted to, everything has been documented, PBFH even filed contempt motion against me for breaking the restraining order siting I call her on a daily basis. I filed a compellant motion for exercise of visitation as per court order and restraining order.

Mother motioned the court to relocate out of state and did so after I received a continuance by the Court.

Phone calls would be placed every day around same time to speak with my son. I would follow up with an e-mail, stating I called at xxx and left a voicemail since there was no answer. Kindly have our son contact me, so we can exercise our court appointed visitation.

I had no option but to go to court Pro Se in the civil matters, and custody hearing. Currrently all criminal matters have been dismissed, except the restraining order. We begin expungment of the records next month.

After a 6 hour court hearing week of 4/11/2011, the Judge stated the matters would be taken into consideration and ordered all parties to retun to the courtroom on 4/15/2011. This infuriated PBFH, as she already had her plane ticket to leave the next day.

I am still in shock over the Judges decision, My son comes home this weekend and I have him until Easter Evening, Mother has to relocate back into state where we reside, or primary custody will be granted to me until such time as she can show suitable housing, in this state.

The finding of facts were that the mother's testimony was found not to be crediable, that in fact what she alledged against me was exactly what she had been doing, concerning matters of the child. Her contempt motion was thrown out. The restraining order clarified that parties can contact each other, but neither party is to accuse, harass, or intimdate the other. If child is present with either party, no matters past or present concerning court should be brought up or mentioned. The compellant motion was entered and easter week granted for makeup of visitation. Mother is to or have child answer any call from me, between the hours as specified in the temp order. Failure to do so would result in a bench warrant for her arrest, and primary custody would immediately be granted to father.

The court stated since Father did not ask for custody (DUH, i'm such an idiot), it ruling is joint custody with mother as primary, if and when she relocates back to the area. Until such time father has primary custody.

Good news is that some Courts and Judges do listen, and have the best interest of the child in mind.

execuse me for the length of this, it could be much longer, a lot of detail is left out. Keep up the fight for the children, as your legacy is not what you obtain in life, it is the gift of life you have been granted to mentor.

Scupper

Lesson: The information on this site is invaluable as a resource.

[4honor]

Whoo Hoo for Scupper!

[ocean]

Holy cow...keep that judge!! I am sure it was a long battle to get to this point.
Is your son with you? Did she show up with him? I am sure she is not happy! LOL

[Scupper]

I will be placing my phone call this evening, change over is suppose to happen around mid day on Sunday. BM was given 48 hours to deliver the child back to the state, along wih his clothing and personal items.

we'll see if it happens or if have I spend Monday attempting to get on the Judges calendar for a contempt motion.

Far as BM's happiness, it doesn't cross my mind either way I have and will continue to focus on ensuring my visitation with my son happens. I am sure he will be very  upset and drop a lot of bombshells of information of well MOM said, followed by something that is degrading toward me.

I'm so excited with the chance to see him again, and so is his sisters.  we all  understand, that BM may skip town with him, at least I know she can't leave the country.

[MixedBag]

WTG!!!  and that sure is a strong message to send to a Custodial Parent behaving "not in the best interest of the child" now isn't it!

[Scupper]

Apparently the message was not strong enough for BM, While on the phone with her, she told the child and I quote "Tell your father, you do not want to talk with him, as you are adjusting and hang up the phone" which he did.

Prior to that she called asking to move the pickup location, something about not enough gas to make it, we agreed upon a location about mid ways. Day of pickup, I get a call from the Police station right at the pickup time, stating I needed to go police sation and ask for Officer XXXX, when I arrived BM was there with son, we waited for half an hour for Officer XXXX to arrive.

Once there BM, informed Officcer that son had something to tell him, at which point Officer, son and BM went to rear of vehicle and began the conversation. BM returned to her car, retrieved her copy of the Restraining Order, now what infuriates me, is the child was there as BM and Officer discussed whatever, pointing and reading the RO.

BM left,  son was brought to me, Officer asked me a question, I informed officer, I would first like to get my  son in the car as he should not be part of this conversation, officer agreed. Was told that son stated I threatened him night before and did not want to go with me. Officer stated he explained to BM, that she could leave with son, but she would be breaking the order. She was entitled to fill out a complaint, but that should be done in the county where RO was received.

I asked for and officer handed me, the report number, badge number, and his name.

I will be filing Motion with court, for primary custody based on Bm's latest behavior

why cant peple be adults

[ocean]

oh my...but son is with you? Enjoy your time....have a good week. If mom starts stuff on phone with him, unplug your phone for the week.
Never ends.....

[Scupper]

yes he is with me at the moment

BM called 4 times yesterday in a 6 hour period, and has already called twice today.

[ocean]

Take your phone records (can you see them online?) and have the RO changed to one phone call a day and it is very specific to the time she can talk to child. If she keeps it up, she can have harassment charges on her...do you have an RO on her?

Shut off ringers and have fun with your son! Send her an email:
ex,
Son will call you each night at XX time. If there is an emergency, you can call my XX and leave a message and I will get back to you ASAP.
You


Then ignore, and document the amount of times she calls. You can call your local police and see if they will take an incident report of phone harassment...another police report for monday morning...

[emt_81201]

Wow is all i can say, she sounds alot like dh's ex...................narcissistic attitude, drives me crazy