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unfair loss of visitation

Started by mypal, May 16, 2004, 11:20:49 PM

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mypal

On Nov 20 2002, my ex and I have an argument she leaves our home with our son, and dissapears. A week later in family court, her petition is for Order of protection, stating that i have been putting ex and son thru mental torture.

I ask for custody stating that she drinks irresponsibly and is unreasonably argumentative. Court gives ex custody of our son, order of protection w/exclusion from home and assigns a law guardian. No visitation for me. At this time I could see that the LG is very chummy with ex and very unhelpful and rude to me.

The next few months they let me see my son very little. first thru supervised visitation(where ex had set me up to have me arrested for breaking the order of protection) then limited time visits, then longer and longer till october we made a final order that I will see son, wednesday, friday(which we do an overnight visit), and sunday, along with unplanned other visitation.

On and off ex when angry at me stops me from seeing son on my visit days, which is when I file an incident report with the police. This goes on until last week. son was sleeping over I had overslept with son. she came to pick him up instead of calling me first. she breaks into my apartment, starts kicking me awake, and raving obscenities in front of my son and talking drogatory about me and then leaves with him.

At this time I go to police and make a report of these events. That night I called ACS (assn of childrens services) to make a complaint about her behavior, which she then makes a complaint to acs that my apartment was unsanitary. On monday I go to family court and try to get an Oof P because of her break in but they resceduled for thursday.

Tuesday the acs worker came to investigate me, seemingly all went well. Wednesday she wont let me see son on my scheduled day. Thursday we attend court. I was asking for custody, O of P, and a heap of violations of court ordered visitations. She is asking for no more visitation for me.

My legal aid atty was not there. so judge made a new court date three months from now and said all stays the same for everyone.
On friday I went to pick son up with police at usual friday pick up at her job. police cannot enforce but they will escort you if you call 911. Police go in and she tells them that the new LG had my visitation stopped and they are going to ask for supervised visitation none of which has been proven so far. Mind you that from october till that incident last week ex had no complaints about me as far as the courts were concerned.

SHE broke in my house harassed, tresspassed and assaulted me. I report it and the LG takes away my visitation?
It seems like her bashing me in front of my son is ok and it was stupid of me to report or complain about anything that may be bad for my boy.

gipsy

OK Now . I know this is upsetting, but , You will have to start By not useing so many pronouns, She took away My visitation , She " Is whom , And did you see the paperwork , Or is She the psycho Ex that just said She " Whomever She' Is took away your visits , I would call the Law Guardian , And ask to have a copy of this if this is true . Secondly , Keep your cool with this law guardian, DOn't do any thing to react ,  as a man is very tough , They :: The psycho mothers ,seem to get away with almost anything , And if you react , then You are in And its conflict , Not saying don;t take legal action , Or court action , But don't do any thing to the psycho ex or talk to any of her friends , Unless You are sure they are on your side , It seems she would be arrested , for breaking in , But then again women get away with a lot , And here it seems the police Really try to stay out of divorces , etc , They just do , My psycho broke in , I called the police and they said its a Issue to take to My atty. SOoo , I have seen it all , And as the man all you can do is keep your nose clean ,be the best parent you can, and Let her keep doing this stuff , If you react and do things back then your are part of it and the judge can't see who came first the chicken or the egg , The law guardian could be biassed , Or ,the judge set this ahead for a reason , Here in wash at superior court , You can get a CD Of the hearing that is before commissioners , I don't know about judges , At any rate I would call the court and ask ,Obviously you have a computer so . If you could You should get the CD or tape of the hearing , You usually figure out a whole bunch By listening ,, I did and fired My moron atty , so Go listen to it if possible , Second In Wash state the court won't do much unless there is a report of the guardian ad litem , SO if there was no report yet from the LAW GUARDIAN  ,  I assume that is similar to the GAL here , They arent so likely to do much , the judge has to watch his own ass , He won't do anyhting with out it here, unless Mom agrees , So try posting again with out the SHe she she , Thing , And I am not an atty so My advice isn't much , But I have been through it , And the LAw guardian Should be informed , If they are the same as the GAL here I would get her a copy of any police report , And or visitaion violations , And If I had it to do again , I will say A written history of documentable affenses , And if the LG is the same as A GAL , I will both warn You and tell you , They can take in some pretty flakey info from people I certainly have never seen , And the GAl CAn take it and use it in forming her opinion , And give it to the judge , Even though the info given to the GAL would not Be Acceptable in court as evidence , the GAL can use it , Its an odd twist But , Now that You know this , If you have any witnesses to her drunken behavior You could , Have that person fill out a sworn statement or what ever you use where you are from , , And give it to the GAL , All this sways the GAL report to the judge , But the judge isn't likely to care ,  Your situation May not be as bad as you think , Maybe the Judge needs the LG report . I don't know , Similar stuff happened to me , The commissioner didn't due any thing untill she saw the GAL report that said , That Moms allegations are unsubstantiated ,I would do My best to get ahold of the LG and see if there is any thing that can be done about this , I say this because atty's Here are sort of out of the loop , the GAL deals with you here and they  steer clear of atty's .Its for a reason ,

Troubledmom

As I recall in chat, you said you would contact the court on Monday to verify the information your Ex relayed to you and the police. What was the outcome?

TM