Some new developments...

[dipper]

Soc,

We are in VA.  Son is 14 years old.  Judge ruled son had to remain with BM in January - saying son was manipulative and he was not granting sons wish to live with us.  In VA, we first go to J & D court - once an order is signed, you can appeal within 10 days to district court.  The case is heard from scratch.

I have already covered many things that have happened since court in January.  It is only getting worse.  Two weeks ago, the GAL and our lawyer signed the order.  It was then sent to bm's lawyer.  The order still has not made it back to J & D court.  We have been unable to file an appeal so far.

I did write BM a letter this week and copied to all lawyers involved.  The letter covered her action of taking 48 hours of visitation time in February and refusing to address make-up time.  It also covered the fact that I am only told after meetings have taken place though we share joint legal and I have requested prior notice.  I attached two agreements to be discussed with the lawyer - visitation specifications, and specifics for joint legal.

In court, BM had wanted judge to limit phone calls to 10 minutes with SS.  She disconnected her home phone and stated that she only had a company cell phone.  Judge did not order any limitations on time.  

Recently, she began timing ss and making him get off the phone when we are about 8 minutes into a call.  The last time I talked to him on the phone, she was fussing in the background that she pays the bill.    However, whenever I see her - she is talking on that phone and talks to OSS (who lives with me) for long lengths of time.  She is simply interfering with my right to talk to son.

SS has pierced his ear - himself on the school bus.  He also has gotten into more school trouble resulting in five days in school suspension.

I picked up ss when he got off the bus Friday - BM was outside.  SS later told me that they didnt live there anymore - they had been evicted.  She had told him not to tell me or OSS.  They are presently living with her parents.  She told him she is looking at a house tomorrow .

SS also informed me that BM has asked him if he wants to go to Florida for spring break.  (who wouldnt?)  I have court ordered visitation for half of spring break.    

Also, son was seriously burned last year.  BM was not in agreement with me about filing a lawsuit for medical expenses for son.  I just wanted to see if the homeowners would pay, but she was effective in working with the other families involved to squelch that.  The firm represent son has received a letter from last June - right after she knew I was going to sue those involved.    

It is a simple To Whom It May Concern letter stating that only matches were in the bowl kicked onto son.  Son was made to sign this.  This is NOT what happened.  Lighter fluid was set on fire in a dog bowl and the two teens kicked it several times, son never did.  It waas kicked and flew onto my son who caught on fire.  This is what all said last year until they knew of lawsuit.  Son felt intimidated and signed.

Lawyer says he thinks he can work around that letter.

Being that we just went to court in January and there is no court order filed from that yet......do I need to just collect my information for a contempt later?


Since the case will be heard new under an appeal to a district court, can I include the newer stuff?


If lawyer for son's burns can effectively assign that letter as being coerced and not true to son's case, could that be used against BM in the custoday case?

[socrateaser]

>Being that we just went to court in January and there is no
>court order filed from that yet......do I need to just collect
>my information for a contempt later?
>

You could file for contempt based on the prior orders, and/or a motion for a new hearing based on new evidence that was not available at the time of the last hearing that shows the other parent is acting against the child's best interests, and that the son's situation is deteriorating fast.

But it's a waste of time, because you want to have the circuit court deal with this, not the district court. VA has a wacky court system -- I think maybe it's not constitutional, but that's a separate issue. It's bizarre because so many cases seem to be capable of being tried twice from scratch.

>Since the case will be heard new under an appeal to a district
>court, can I include the newer stuff?

You're getting a trial de novo ("new trial"), so all evidence is available for consideration.

>If lawyer for son's burns can effectively assign that letter
>as being coerced and not true to son's case, could that be
>used against BM in the custoday case?

If you get a final judgment against the other parent showing that the letter is a fraud, then that would be binding on the family law court. But, until then, your letter is just interesting evidence and you will need to prove that it is a fraud, both in family law court, and in civil court.