supervised visitation

[futurestep-mom_AZ]

On October 22, 2004 custody was modified from mom having sole legal and 50/50 physical (week on week off parties live 200 miles apart- mom moved which led to the 50/50 visitation) Dad now has joint legal and primary residential.

Visitation was set as "Respondent (mom) shall have no unsupervised visitation with NAME OF CHILD. Parties agree to NAME OF MATERNAL GRANDMOTHER, mother of Respondent to supervise visitation. Visitation shall be as follows; parties will meet every other Friday in NAME OF MEETING PLACE (halfway point between the two residences) at 5PM and shall meet at the same location on Sunday at 5PM"


Visitation started on the 29th of October mom and gma (along with moms brother who was the supervisor when gma could not be there) could not get along at all the next set visiation was cancelled by the supervisor then visitation occurred again for thanksgiving. Visitation began wed evening before thanksgiving.

On friday after thanksgiving dad was called by supervisor because mom kicked the supervisors out and took off with the child. Police were called but of course they cannot enforced a family court order. I (dads fiance) talked mom into letting a supervisor back in. When the supervisor got there mom was passed out leaving the child (5 years old) and a friend of the same age up and running around and the stove was left on with the contents extremely burnt.

Supervisor again stated that they were done supervising. To our knowledge the supervisor filed a request to no longer be the supervisor, the Court has not confirmed this but it was filed less than one week ago. Dad has writtn a report to Court for Record.

Now mom wants to see the child and to decide who the supervisor will be of the three suggestions one has been in and out of mental institutions and the other is so ill that she cannot care for herself and the last lives in the same town as dad. Dad only knows the one person here but has not spoken to this person in three years either way.

Dad told mom he would agree to an expedited hearing to take care of this before x-mas so visitation could be set up but dad is not comfortable with anyone other than gma and/or uncle unless it is a social services employee.

We understand it is not dads job to seek moms visitation but the child does love her mom and needs to see her but obviously does not understand the situation - the child has been told that mom got in some trouble and just needs time to work it out (this was only after mom had told the child that dad wass unfair to only let the child stay for two days as directed by the court order.)

Questions

1. In your experience (obviously you can't know what this judge will say) what can he expect from tis situation?

         a. Would a judge force dad to turn his child over to someone         (not a social services worker) that he does not know?

2. What can be filed to stop going back into court other weekend when visitation arises?

3. Can dad be found in contempt for this?

Any other advice on this matter appreciiated we are tired of Court but also have to think about the emotions and sense of abandonement.

[socrateaser]

>1. In your experience (obviously you can't know what this
>judge will say) what can he expect from tis situation?

No vis, until mom starts cooperating.


>
>         a. Would a judge force dad to turn his child over to
>someone         (not a social services worker) that he does
>not know?

No.


>
>2. What can be filed to stop going back into court other
>weekend when visitation arises?

I don't understand the question.


>
>3. Can dad be found in contempt for this?

No. Mom refuses the supervisor, so it's her fault.i

>
>Any other advice on this matter appreciiated we are tired of
>Court but also have to think about the emotions and sense of
>abandonement.

The mom is obviously mentally ill from your facts. You can't fix that. All you can do is protect the child. I see no alternative other than a professional supervisor, paid for by the mother.

[futurestep-mom_AZ]

Sorry Question #2 was suppose to ask If anything could be filed to stop mom from being able to walk back into Court everyother weekend when she does not get her way? This is a 400 mile round trip for us and requires that both of us tke a day off work to go while mom misses nothing since she doesn't work.

Thanks for the advice turns out mom got some sort of hearing set for Dec. 21st he hasn't even received the notice it is just posted online "Order setting" and when he called and asked it is a hearing. Getting a hearing in one week? Must be nice it took 2 1/2 months to get a hearing on emergency custody.

He is putting in a motion to appear telephonically how does this look to you?

HIS NAME
ADDRESS
Petitioner   




IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF XXXXXXX

HIS NAME,       )              No.: DO-2003XXX    
              Petitioner,    )
vs.                             )             Motion for Telephonic Appearance
HER NAME,                 )      
            Respondent.    )   

       The party; HIS NAME, Petitioner, prays the Court grant this Motion to Appear Telephonically for the hearing requested by HER NAME, Respondent, and set for December 21, 2004 at  XXX by this Court. Petitioner is unable to take a whole day off work for travel on such short notice. The Order setting the Hearing was not received until December (unknown at this time), 2004.
   
   SIGNED this ____ day of December, 2004.


_________________________         
HIS NAME
ADDRESS         
Petitioner.

Thanks for all your help so far.

[socrateaser]

>He is putting in a motion to appear telephonically how does
>this look to you?

The statement that you can't take time off on such short notice is not an excuse, and you shouldn't be looking for an excuse. I don't know why you would be responding to a motion that you haven't been served with, yet, but assuming that you are, I would tell the court that you've run out of paid time off for the year, and that you will be financially impaired if you have to appear in person, which is not in the child's best interests.

[futurestep-mom_AZ]

Thanks for the advice. It is greatly appreciated and noted but all my effort turned out to be for not turns out it was the Courts motion, arrived in the mail yesterday after I posted, in response to gma filing to not be responsible for supervising anymore and the order setting the hearing stated that dad could appear telephonically.

mom or dad have not filed a thing the only thing filed was a vague statement by the appointed supervisor stating that: " Due to incidents that occurred over CHILDS NAME five day visitation over thanksgiving weekend we no longer feel we can be responsible for this duty. MOMS NAME has made it clear that she wants nothing to do with myself (gma) her bother (sustitute supervisor) or his gf (another sub supervisor). She has lied to DADS NAME and everyone involved."

Because of this the Court calls for a hearing but when the issue of moms drug use and dv in the home (bf aginst mom no "physical" abuse to child) all documented with numerous police reports it took the Court from ( 8-6-04) for matter to be heard until 10-22-04

Questions

1. How often does a Court make their own motions for "visitation review"?
    1a. is this type of thing common?
2. Do you have any idea what dad can expect?
3. It seems the Court is preoccupied with guaranteeing moms visitation when by her not filing it seems obvious that shes not. Do you think I am reading this right?
4. Ant further advice graetly appreciated I know you cannot tell me what the judge will do but this seems so left field that the Court call a hearing to modify visitation or set visitation when it has not been requested.

One more thing the supervisor has not been ordered to appear at all.

[socrateaser]

>1. How often does a Court make their own motions for
>"visitation review"?

Um...never.

>    1a. is this type of thing common?

see above.

>2. Do you have any idea what dad can expect?

To win.

>3. It seems the Court is preoccupied with guaranteeing moms
>visitation when by her not filing it seems obvious that shes
>not. Do you think I am reading this right?

I'd need to read the court's motion, but no, I think you're reading it wrong. I think the court wants to know what in the wide wide world a sports is a goin on, because it's unusual for a grandparent to say, "I give up" over their own child and grandchild.

>4. Ant further advice graetly appreciated I know you cannot
>tell me what the judge will do but this seems so left field
>that the Court call a hearing to modify visitation or set
>visitation when it has not been requested.
>
>One more thing the supervisor has not been ordered to appear
>at all.

You could subponea the supervisor, but the court will never issue its own subpoenas for third party witnesses to appear.

>
>

[futurestep-mom_AZ]

Thanks again i'll be sure to post the update after the hearing on the 21st.

In its entirety (minus the heading cation with County, Judge name and parties plus case numer) the Order reads:

                                        (in Bold) "ORDER
    The Court has received the attached communication from GRANDMA NAME, UNCLE NAME and UNCLES GF NAME. The Court sets this matter for a visitation review on THE DATE AND TIME ARE IN BOLD.

    DADS NAME may appear telephonically by calling (XXX) XXX-XXXX."

Then a CC where it was mailed to both mom and dad. The attachment in its entirety reads:

                                                                        "DATE

Honorable Judge XXXXX,
In reference to court order XXXXX, DADS NAME vs. MOMS NAME, I agreed to supervise visitation of minor child CHILD NAME every other weekend from Friday until Sunday with pick up and drop off in XXXX, AZ. Due to my work schedule my son UNCLES NAME or his girlfriend XXXXXXX XXXXXXX were agreed to supervise while I was at work. MOMS NAME was not to be alone or drive with said child on these visitations. Due to incidents that occurred over CHILDS NAME five day visitation over Thanksgiving week end we no longer feel we can be responsible for this duty. MOMS NAME has made it very clear she want s nothing to do with myself or her brother or his girlfriend. She has lied to DADS NAME and to everyone involved. Any further supervisors will have to to be agreed upon by the Court, DADS NAME AND MOMS NAME. As of this day Myself GRANDMAS NAME, UNCLES NAME and UNCLES GIRLFRIENDS NAME will no longer be able to provide this service for the above parties.

Thank You,

Signed by all three"

So from that we got the order

[socrateaser]

Highly unusual and a pretty concerned judge. In most jurisdictions, the judge would have yawned and then gone back to doing nothing.

[futurestep-mom_AZ]

We are just hoping the Judge is concerned for the right person--->THE CHILD. Anyway I'll post on Tuesday after the hearing and let you know.

Thanks agin for all the advice

[futurestep-mom_AZ]

Thanks for the advice. It is greatly appreciated and noted but all my effort turned out to be for not turns out it was the Courts motion, arrived in the mail yesterday after I posted, in response to gma filing to not be responsible for supervising anymore and the order setting the hearing stated that dad could appear telephonically.

mom or dad have not filed a thing the only thing filed was a vague statement by the appointed supervisor stating that: " Due to incidents that occurred over CHILDS NAME five day visitation over thanksgiving weekend we no longer feel we can be responsible for this duty. MOMS NAME has made it clear that she wants nothing to do with myself (gma) her bother (sustitute supervisor) or his gf (another sub supervisor). She has lied to DADS NAME and everyone involved."

Because of this the Court calls for a hearing but when the issue of moms drug use and dv in the home (bf aginst mom no "physical" abuse to child) all documented with numerous police reports it took the Court from ( 8-6-04) for matter to be heard until 10-22-04

Questions

1. How often does a Court make their own motions for "visitation review"?
    1a. is this type of thing common?
2. Do you have any idea what dad can expect?
3. It seems the Court is preoccupied with guaranteeing moms visitation when by her not filing it seems obvious that shes not. Do you think I am reading this right?
4. Ant further advice graetly appreciated I know you cannot tell me what the judge will do but this seems so left field that the Court call a hearing to modify visitation or set visitation when it has not been requested.

One more thing the supervisor has not been ordered to appear at all.