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-   -   Father has not been allowed to see his daughter in 6 years (https://www.askmehelpdesk.com/showthread.php?t=412943)

  • Jan 18, 2010, 08:37 AM
    TerrieS

    I am back to ask for more information. I really do appreciate you all giving me the help you have given me in the past.
    We have a court date coming up next week for visitation and 50% custody. We are in Calif.

    Here is the problem. My son met with the mother once about a month ago and she still denied him visitation. She tried to talk him into giving up his parental rights. He refused.

    Last night she called asking him to give up his rights again and drop the whole case and she will pay him $10,000. My son told her NO. She then told my son that she moved out of state 12 days ago. Inside the court papers that was served to her are child abduction prevention orders. We have not had the court date yet. But is she suppose to move if we put in the court summons that she can not move and the abduction prevention?

    How should we handle this? Do we call the police to report this. She did not give my son an address where she went to and I notice she changed her phone number. We have not tried to contact her because we do not want to mess up the court date. I know she has one relative in the state she claims she moved to and I looked up the address to where he works..
    My son's number one concern is he does not want to hurt his duaghter. He just does not want to take her from her mom when he is a complete stranger to her.

    Will the judge notice in court the things she is doing before the court date? We are planning to call the police and make a police report for her moving our of state. She has hidden this child for 7 years from my son.
  • Jan 18, 2010, 08:46 AM
    ScottGem

    Since the court date is next week, I would wait for the hearing. If she doesn't show up, then the court will swear out a warrant for her.

    If she does show up, then you report the phone conversation to the judge. Did you know where she was living? Can you check to confirm she no longer lives there?

    I have to tell you, however, if she is determined to keep your son's child from him, and she is willing to go underground to do so, there may be little that can be done to stop her.

    If she doesn't show for the hearing, the judge should, as I said, swear out a warrant for her arrest for parental kidnapping. The problem here is that the police will probably not do much to serve that warrant. Your son may have to hire a PI to find her. If he can find her, he can get a copy of the warrant, go to the police where she is and have them serve it, place her into custody and have him take the child.
  • Jan 18, 2010, 09:18 AM
    JudyKayTee

    Scottgem has covered it all - I will add NY that your request that she be ordered to not leave the State has no effect unless/until the Judge orders that particular relief. So, no, asking that she not be allowed to leave is meaningless in this situation.
  • Jan 18, 2010, 09:57 AM
    cdad

    Many times in the Family court system in California there are standard restraining orders issued when there is a child custody case pending. It sounds like those orders may have been already issued. If she has crossed state boarders with the child then she would be guilty of a major offense at this point. First off you need to verify if she did in fact move. If she has moved then you need to move quickly. The old address should have a forward on it. If it does not then you could try mailing an overnight letter to that address and see what happens. If she has violated orders clearly then the FBI will get involved if she has crossed state lines. Your son needs to be strong and not be namby pamby about any of this. She should go to prison.
  • Jan 19, 2010, 09:59 AM
    TerrieS

    Califdadof3, I got a hold of the police department where she lives to do a welfare check. No one answered the door. She told my son she got a job in the state she moved at which does not surprise me because she works in the medical field and can get a job anywhere. She had two wonderful jobs here so I think that proves she moved because of the pending court date.

    I got a hold of the police where I live.. and they said since it is not court order there is nothing they can do. They said to just wait till the court date. Are the sleeping on this instead of taking action?

    My son told me she mentioned she did not go to orientation for the courts and if she is out of state and with the court hearing just being 5 business days away I doubt she will be fulfilling her obligation to the courts. When I called the court's it took them almost 2 weeks to get them to call me back for a date for the orientation.

    Can this women really get away with what she has been getting away with?

    Can the courts order her to move back to California if we can prove she moved just because the visitation/custody order being brought to court?

    I have proof that she was planning to return back to work in April she has been out of work on maternity leave. She just had another baby as far as I can tell there is no baby daddy in the picture of that child either.

    Please, if you can help with some suggestions.. on how to deal with our handle it.. the site you gave me for kids turn there is one in the County that she lived in before this latest move.

    Well any advice real be very helpful right now..

    Thank you,
    Terr
  • Jan 19, 2010, 11:10 AM
    JudyKayTee
    Quote:

    Originally Posted by TerrieS View Post
    Califdadof3, I got a hold of the police department where she lives to do a welfare check. No one answered the door. She told my son she got a job in the state she moved at which does not surprise me because she works in the medical field and can get a job anywhere. She had two wonderful jobs here so I think that proves she moved because of the pending court date.

    I got a hold of the police where I live.. and they said since it is not court order there is nothing they can do. They said to just wait till the court date. Are the sleeping on this instead of taking action?

    My son told me she mentioned she did not go to orientation for the courts and if she is out of state and with the court hearing just being 5 business days away I doubt she will be fulfilling her obligation to the courts. When I called the court's it took them almost 2 weeks to get them to call me back for a date for the orientation.

    Can this women really get away with what she has been getting away with?

    Can the courts order her to move back to California if we can prove she moved just because the visitation/custody order being brought to court?

    I have proof that she was planning to return back to work in April she has been out of work on maternity leave. She just had another baby as far as I can tell there is no baby daddy in the picture of that child either.

    Please, if you can help with some suggestions .. on how to deal with our handle it.. the site you gave me for kids turn there is one in the County that she lived in before this latest move.

    Well any advice real be very helpful right now..

    Thank you,
    Terr

    Otherwise - the Police are correct. This is not a Police matter. As I read it there is no Court Order telling her she can't move so she is/was free to go wherever she wants to go.

    Whether there's a "baby daddy" in the picture is really more of an assessment of what you believe her character to be than anything else. It is not a legal issue. You continue to blame all of this on the mother - from her somehow forcing your son to have sex with her in the first place - without any blame on the part of your son.

    This should have been in the hands of an Attorney a long time ago. I do realize that didn't happen and you can't change the past but I trust you, in person, are a lot less judgmental than your written word. It will not do you well to make comments about her when you are in Court.

    It's going to come down to what you can prove, not what anyone believes or thinks. Again, with no Court Order she is pretty much a free agent. I don't think (if she has found gainful employment somewhere else) the Court will force her back.
  • Jan 19, 2010, 11:19 AM
    ScottGem

    The police normally do not get involved in domestic disputes except where required to uphold a court order. Since there is no court order issued, there is nothing the police can do right now. And with the court date so close I don't see anything to be gained by trying to find her and dragging her back now.

    If the court papers served on her included warning about abduction (and I suspect they were warnings rather than orders), when she does not show for court and your son can prevent proof that she has moved without informing him of where, then he can ask that a warrant for parental kidnapping be issued. You then go to the FBI with this warrant.

    Unless she went underground, they should have no problem finding her. If she is trying to get a job in her field, her license to work in the medical field will have to be shown, that and her SSN should make it easy for the FBI to locate her and she will be returned to the jurisdiction of the court. Very likely, the child will be placed with your son and he will have a good chance of getting custody and she will be restricted to supervised visits.

    So go to the hearing with a positive attitude. She screwed up and your son should benefit from that screw up.
  • Jan 19, 2010, 11:25 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee View Post
    Again, with no Court Order she is pretty much a free agent. I don't think (if she has found gainful employment somewhere else) the Court will force her back.

    Umm Judy:
    Quote:

    Originally Posted by TerrieS View Post
    Inside the court papers that was served to her are child abduction prevention orders.

    Whether these child abduction prevention orders had the force of a court order or were simply a warning, I'm not sure. But I think its clear that the court, in establishing a hearing on this issue, was telling her not to leave the jurisdiction.

    I strongly believe the court will issue a contempt warrant in this case. And that the FBI will view this as parental kidnapping. Assuming the OP is correct that she has moved out of the court's jurisdiction without permission or informing her son of where she is.
  • Jan 19, 2010, 11:42 AM
    JudyKayTee

    I hope you're right, Scott. I have no idea what a child abduction prevention order is or, in fact, if this relief was requested or granted.

    In reading through it was my opinion that this was simply requested relief, not ordered relief. I see nothing indicating that the mother was ordered not to leave prior to the hearing. I see all sorts of relief requested all the time but that relief is either granted or denied at a hearing, not based on the request.

    No problem correcting me if I am misreading something here.
  • Jan 19, 2010, 12:00 PM
    ScottGem

    Once litigation has started in a Custody hearing, the custodial parent is normally enjoined from leaving the jurisdiction. At least that's my understanding.

    But even if it was only a request and not an order, what judge would not be upset at someone defying even his requests? Throw in the fact that she has hidden herself from the father and I don't believe the court will be favorably disposed to her.
  • Jan 19, 2010, 12:09 PM
    JudyKayTee

    I see your side of it, although I don't know which of us is legally correct. As I said, I see requests on a regular basis, requests which have no effect until an Order is issued.

    I'll be curious to see how this plays out.

    Whether insulting the Court (which this very well may be) harms the mother's case or not will be interesting.

    I'll be curious about the outcome.

    EDIT: I'm working - just asked an Attorney. He asked if the papers referred to where the "usual" Petition or an Order to Show Cause. An Order to Show Cause would have prevented the mother from moving; otherwise, depends on Court and State.
  • Jan 19, 2010, 01:32 PM
    TerrieS

    Wow, all the information you guys are giving is making me have some hope...

    When I turned in these papers to the court house and they gave me a date for court.

    I turned in:
    Order to Show Cause (Child Custody/Visitation)
    Application for order and supporting Declaration
    Child Custody and visitation Application Attachment
    Children's Holiday Schedule
    Additional Provisions-Physical custody attachment
    Joint Legal Custody Attachment
    Request for Child Abduction Prevention Orders

    I did complete the order to show cause.

    No judge has looked at this our talked to us. The family court clerk only took these papers and stamped them and gave them a court date.

    I do not think a judge will be happy with the choices she made. I have access to a account that she has on line and read about when she was going to be returning to work in April in this state and I have the print out of that. I have printed out where she stated her phone is disconnected just recently. Also, about her new job at a very good paying hospital here.. She was working for 2 different hospitals. Now 14 days ago she just up and moved.

    I can not for the life of me see that benefiting her. I am hoping that will show proof that she has been hiding this child and running with her. I pray a judge stops her.

    So far for court we have:
    (Thanks to Calidadof3) we found a good counseling place that deals with parental alienation.

    The mother told my son she is ill with severe type one diabetes if this is true or not we got information on that.

    We have declarations from my grandsons mother (they are divorced) and grandparents saying they have never had issues over visitation with my son's son and what a great father he is.

    We have documents how well my grandson does in school.

    I am hoping this is going to wrap up the case to show that my son is a good dad and deserves to see his daughter.

    I am scared that my son is not working and her moving will the courts order my son to pay the transportation to and from the visits?

    The last thing my son wants to do is rip his daughter who vaguely knows him out of her mothers arms.. He just wants his little girl to know he is here and wants to be apart of her life.. and she has a family who loves her. If the courts do give him full custody he is ready to deal with that but he wants that to be the last option because he does not want to hurt his little girl.
  • Jan 19, 2010, 01:43 PM
    ScottGem

    Now I'm a little bit confused. You say you turned these documents into the court. But was the mother served with them? If she was, then its as I've said. However if she was not served with them, then she was unaware of the prevention and may not be enjoined from moving. However, she is still not allowed to keep her location from the father.
  • Jan 19, 2010, 01:52 PM
    TerrieS

    She was served the same day the papers where turned into court with the papers. I had to call the police to come out and make sure she was home by having them do a welfare check on the child. When she answered the door the police made her get served by me.
  • Jan 19, 2010, 03:57 PM
    JudyKayTee

    Wait a minute - you served her? The Police "made" her take service from you?

    That would disqualify service in NY due to the family connection IF the mother complains. Did you also notarize the papers (which you were considering)?
  • Jan 19, 2010, 04:03 PM
    cdad

    Service is legal according to what's said here.

    From Calif self help center.

    Ref:
    California Courts: Self-Help Center: Free and Low-Cost Legal Help: Get Ready for Court

    Main page:

    http://www.courtinfo.ca.gov/selfhelp...t/getready.htm
  • Jan 19, 2010, 04:06 PM
    cdad
    Quote:

    Originally Posted by TerrieS View Post
    She was served the same day the papers where turned into court with the papers. I had to call the police to come out and make sure she was home by having them do a welfare check on the child. When she answered the door the police made her get served by me.

    So what we are seeing here is the mother DID NOT move away as had been stated before ?
  • Jan 19, 2010, 04:12 PM
    TerrieS

    JudyKayTee,

    No I did not Notarize the papers the Family Law place at the court house told me all I had to do was have people write up a declaration which is a court paper that does not need to be notarized.

    I was told as long as I am not the petitioner or the respondent on the court case I can serve her I got that directly from one of DA's at the court house when I talked to her. She told me to make sure I served her right away before the mother takes off.
  • Jan 19, 2010, 04:15 PM
    TerrieS
    Califdadof3,

    I served her on Dec. 7th. She called my son the other night and said she moved to Oregon 13 days ago refused to give him the address and phone number where she is at.
  • Jan 19, 2010, 05:20 PM
    cdad

    Did you get back the forms from the courts with a signature on it ? Im talking about form FL-341 (B) that would be the abduction form. If she has moved then that signed copy would be good enough to show to police and should get some actions started.

    Ref:

    http://www.courtinfo.ca.gov/forms/fillable/fl341b.pdf
  • Jan 19, 2010, 05:24 PM
    cdad
    Quote:

    Originally Posted by TerrieS View Post
    Califdadof3,

    I served her on Dec. 7th. She called my son the other night and said she moved to Oregon 13 days ago refused to give him the address and phone number where she is at.

    Which box was checked off on the paperwork as far as where not to move from without written permission ?
  • Jan 19, 2010, 05:41 PM
    TerrieS

    They never gave me a signed copy just a court date. I turned the paper work in with the all the other required forms. Should I be calling the courts asking why I did not get that?
  • Jan 19, 2010, 05:43 PM
    JudyKayTee
    Quote:

    Originally Posted by califdadof3 View Post


    Should have checked the Law before I posted and I apologized - in NY this would be a set-up (Police do not get involved in service of process and it appears they were called in on a physical check which turned into a process service) and server was a relative. I wouldn't take the chance at having service set aside - but, again, I'm in NY.

    Good catch, good info.
  • Jan 19, 2010, 05:57 PM
    TerrieS

    JudyKayTee,


    I know the laws differ in each state.. but please relieze You have been giving me great advice and your also helping me to tone my prejudice in court. Which will defiantly help us. I know some of the advice you gave I did not want to hear it at first but I needed to hear it and that really helped me a lot. I did not know I could serve her until I talked to a DA on the phone and she told me to do it quickly.
    I was sitting out her house for about 5 hours. I did go up and knock a couple times no one answered. It got dark I saw someone open the door and shut it.. it looked like a little girl. I went to the door again and knocked, no one answered. So I called the police and told them I was worried the little girl was there a lone. They came I told them what I was there to do and how she hidden the child. They made her stand there while I handed her the paper. I can not even explain the look on her face. Needless to say she was not happy..
    I guess a lot of the police officers do no like women like her either.
    The officer that came to our house yesterday came by today and gave my son a print out of the call. I mean wow, he made a special trip to make sure we had that document for court. That is way and beyond the call of duty for a officer in this city.
  • Jan 19, 2010, 06:08 PM
    cdad
    Quote:

    Originally Posted by TerrieS View Post
    They never gave me a signed copy just a court date. I turned the paper work in with the all the other required forms. Should I be calling the courts asking why I did not get that?

    You should have gotten a signed copy by now showing that the courts received it and it was entered. On that form it was on the lower RH side. Also it should be stamped by the court.
  • Jan 19, 2010, 06:46 PM
    TerrieS

    Calidadof3,

    Here are the boxes I checked for Request for child abduction prevention.

    Application for Order and supporting Declaration.

    Question 1. asking your name.

    Question 2 Do you think the other parent might take the children without your permission to:
    I checked
    a. another county in California.. Yes..
    B another state... yes
    c. another foreign country... yes

    Then asks if parent is a citizen of the country I put NO
    Asked to explain: I wrote how she has hidden the child for 6 years.

    3. Why do you think the other parent might take the children without your permission?
    Checked A.
    Checked B.
    Checked C I also checked other

    D. Has a history
    Checked not cooperating with me in parenting
    Taking the children without my permission I explained how she avoided the visits in the beginning.

    Question 5.
    I checked Post a bond of $10,000.
    Checked 6, do not move without my permission or court order

    Checked 7. NO travel witout my permission or court order
    This country the united states, California

    Checked 8 notify other state of travel restrictions

    Checked 9 turn in and do not apply for passports or other vital documents

    Checked 10. Provide itinerary and other travel documents.
    The children's, copies of round trip airline tickets
    Addresses and telephone numbers where the children can be reached, an open airline ticket for me in case the children are not returned.

    Checked 11 notify foreign embassey or Consulate of passpoert restrictions

    Checked 12 foreing custody and visitation order
  • Jan 19, 2010, 06:54 PM
    TerrieS
    On the child custody and visitation application attachment (FL-311)

    Question 5 I checked it
    Travel with children She must have written permission from the other parent or a court order to take the children out of
    Checked State
    Checked the following counties sacramento, solano and san joaquin.

    Checked 6. child abduction prevention
  • Jan 27, 2010, 08:51 AM
    TerrieS

    Califdadof3, JudykayTee and ScottGem,

    I wanted to let you know about what happened in court yesterday. After over 2 hours of long mediation that my son set in with the mother. He came out and said he gets to see his daughter for right now every two weeks. One of the weekends of the month he has to drive to see her which is a twelve hour trip. The other weekend her mother has to drive here.
    But then it states they can agree to meet half way. Everything is at the mothers choice.
    It also, says for right now it is supervised with the mother. He does not get no a lone time right now until his duaghter gets to know him better. Which that part it fine, but it does not state how long that would take. We might have to go back to the courts to fight that one for he can have her more later on after she gets to know him better.
    My fears are my son will be driving there every other weekend which costs more than 200 dollars to drive. Spending the weekend up there. Then turning around coming home. And when it is her turn to drive she might say, she wants to drive halfway. The next fear she can try to drag this out for years with my son.
    I had a package put together with tons of proof that she lied about a lot of things the mediator said that would not fly in court and the judge would not even take that into consideration.
    She did admit not answering the phone when he called in the beginning.
    My son, being the great person he is.. he said, it is just as much fault for this as she is. In the beginning he was working 16 hour days 6 days a week and it was very hard to do anything about the situation when he was paying child support and taking care of his wife and son at the time on top of everything.
    I am just worried the order is not very clear on a lot of things. About when they meet halfway. How long his visits can in that day or how long this is going to be before she can spend half her vacations from school with him.
    She did hire an attorney to do her paper work and I assume the attorney told her she better agree to something. But it sure did make it hard on my son when he is not working and is going to school. The financial burden of the trip falls on me.. and I already have my own financial problems. I am very angry with my son for not considering the financial burden it puts on me. I know that trip costs 200+. He claims he will find a part time job.. but still jobs are not falling out of the sky right now.. I was laid off and I am having difficulty finding work.

    Well there is what the judge ordered. I feel with out the orders being more detailed in defining how many times 1/2 ways are or how many long these visits with mother present are that it is going to again hurt my son in the long run.

    The mediator said that the judge would not care about her moving when there was attached child abduction preventions in there.
    I believe that mediator is not the judge.


    Again, I like to thank you for all your great advice.. I guess I have to sit back and see how this plays out..
  • Jan 27, 2010, 08:58 AM
    JudyKayTee

    I am racing out the door so I skimmed through this - will be back later. It doesn't sound like a bad result, it really doesn't. It sounds like this might be step #1 in a resolution.

    (Your son should be very grateful you're on his side and supporting him; not all parents do.)
  • Jan 27, 2010, 02:42 PM
    cdad

    Congratulations on getting something. The bad news is that your eithr using the wrong word or there is something really amiss. A mediator isn't suppose to say anything to you as far as what a court might say. A mediator is only suppose to help steer the conversation and stay focused on the child. If that person really is a mediator then they should be reported. They crossed the line. As far as time goes. If he does good for 6 months then he can request another modification. As far as meeting 1/2 way. That situation is before hand and not after. So it wouldn't work per your example. It has to be agreed upon and equal to both sides. Visitation times ? That should have been stated. That IS what the mediator is for. Also Im wondering how his current wife will feel about him spending so much time with the ex. It might have been better to get the supervision elsewhere. It can reduce conflict. And also keep "her" friends from disrupting the visits.

    Thank You for letting us know what happened.
  • Jan 27, 2010, 02:50 PM
    ScottGem

    Ok, I agree with Judy that this is a first step. I also agree with the mediator that the judge is probably not going to be interested in the proof of lies and stuff. But I disagree that he would ignore the child abduction.

    I also think your son is too nice and screwed himself to some extent. Mediation is designed to free up judges by getting the parties to agree without a trial or hearing. The mediators are not judges, but usually lawyers. They want to get the parties to agree rather than turning it over to a judge. So they may be biased towards getting an agreement.

    I suspect the mother stood her ground and your son caved. You are probably right that the mother was advised that she would have to give some visitation, otherwise she would lose. So she probably agreed to the minimum her attorneys advised she could.

    So currently they share in the costs since they have to alternate dropoffs. If she starts requiring meeting halfway on her turns but requiring he come all the way on his turns, then you go back to court with a log of this happening and a complaint that she is not adhering to the spirit of the agreement that they share the costs.

    Was a GAL appointed for the child? The GAL can help determine when supervised visits are no longer required. I also think that the age of this child (she is more than 6) is such that she should not take too long to get used to your son.

    Keep us posted! When is the first visit?
  • Jan 28, 2010, 07:54 AM
    TerrieS

    A GAL was not appointed. Right now my son wants to see how it goes.. He is to nice because he does not want conflict in any way. He was able to see his daughter right after court. He came home grabbed his son and left. The orders are that he was to meet her at her parents house. Her parents had to leave for they can visit a lone with no interruptions. On the 6th of next month he needs to go to Oregon where she is. Then 2 weeks later she is to come down here to Calif. And When they get here. My husband and I have to leave. My son is not married he is divorced but he does have a girlfriend.
    I hope it is going to be as easy as my son says it will be. They also, put in there open access to phone calls and webcam, and my son needs to send her cards each week. That is not to bad. My son is very excited about seeing his little girl. But he is not allowed to be alone with her until the mother claims the duaghter is ready. (that part bothers me because that could be never) But I agree with you guys there should be a time limit there. It is a very expensive trip to take up there once a month.
    The mediator got after my son for things like not going to her parents door in the beginning to pound it down demanding to see his daughter. At the time my son lived over 150 miles away and was working 16 hour days 6 days a week. Plus he had a wife and his son was a baby. It made it difficult for my son. But yes, he should have done that. But he would have gotten no where by doing so. The mother did not deny ignoring his phone calls in the beginning and she did not scold the mother. The way it sounded the mediator was more compassionate to the mother.
    But she did take note of my grandson's achievements in school and she liked that because it does show what a good father my son is.
    We did have strong evidence against her. She said her house foreclosed. I got a hold of a real estate agent she in return got a hold of a title company and they corresponded in emails. Saying there was not a default on the house. The real estate agent forwarded me that email.
    Then she had lots of plans to do stuff here in Calif. I got that directly off her face book. She even put down she was returning to work in April from maternity leave at a job in Calif.
    I thought threw all my investigating that it was very well put together to make her move proof enough that she moved to make it more difficult for my son to have access to his daughter.
    But she did have paper work she was behind on her mortgage but she did not have a default letter. Then she also, had a letter saying she got a job offer in Oregon.
    Their daughter does have type 1 diabetes.. and the mediator made comments that her husband had the same illness. I think that is how she won the mediator's compassion.
    I prepared my son enough to know about how to answer questions about the illness and the mediator did take note that he recognize one eating habits for one person with diabetes does not mean it is going to work for the next person and some other important things like the classes he found to attend.
    My son was to easy to agree to everything it scares me that there is no stipulations or dead lines noted in the order.
    My son did the same thing with his x-wife. She took him to court for visitation because she wanted to be able to file for their son on taxes every other year. My son let her.. he did not want a dragged out issue because he thought that would only hurt his son. She does not put no financial obligation into him. My son never denied her visits so the visits was not the problem.
    I am upset with my son because he is not thinking of his future only the present. I feel if he does not prepare for the what if's he is going to screw himself more.
    The one time he can not afford or we can not afford to go to Oregon he could be held in contempt of court. And right now money is tight.

    I will let you let you all know how it goes.. I know in about 6 months I will probably need some really good advice from you all.
  • Feb 10, 2010, 07:55 AM
    TerrieS

    Hi everyone, I am back again.
    We traveled over 600 miles for the visit. My son was able to visit with his daughter. I did not get to see her just to respect the court order for they could have bonding time. He did bring his son. As the visit was ending. The mother told my son that their daughter only wants to see him twice a year. She also, mentioned if he wants to see her he needs drive up there because they will not be coming down here.
    My son told her No, that is not acceptable. The court order states that alternating weekends one weekend my son drives up there and the for the following visit she drives down here.
    She already made plans for the next visit weekend. She told my son she has a class. My son told her that was okay but she would have to come the following weekend.
    She emailed him telling him that she will not be here until March 19 which is next month. She said it was to hard for her and the children to travel that far.
    She already wants money from him outside the child support and there is a court date to get the child support modified. She at least gets to go to that court date. My son never was notified of any child support court dates only the final judgment. She said she is not going to let them modified the child support. I know that is ridiculous she can not speak for the judge.
    While the visit this weekend. My grandson and granddaughter where playing a dare game. She dared him to lick a window and he did. Then he dared her to lick a wall she did. Then the story is I do not know what to believe. But my grandson dared her to kiss him and that is when my son and the mom walked back in the room and separated them to find out the truth. They never kissed.
    My grandson has never showed any interest in girls that way. He is only 7 years old. She is 8 years old. But to an email to my son the mom twisted the story around saying words like forced and sexual assault and she is talking to her attorney for the daughter to never be with her brother.
    What a sick perverted mine she has.
    We are planning to file contempt papers in court the minute she does not come down here for this month.
    Wow! This girl is something else.
    She had her brother and his family there for part of the visit. Which she was not suppose to. Then she went out and bought a hamster for her daughter that day. My granddaughter mostly paid attention to the hamster than her dad and brother.
    Do we file contempt the first time she does not bring the little girl to Calif. Or do we wait?
  • Feb 10, 2010, 09:13 AM
    ScottGem
    Quote:

    Originally Posted by TerrieS View Post
    Do we file contempt the first time she does not bring the little girl to Calif. Or do we wait?

    The first time! Your son tells the judge that he tried to be as accommodating as possible. That it seems clear the mother never intended to honor the mediated agreement. That her history of trying to hide his daughter from him shows that she will do anything to keep his daughter from him and to alienate his daughter from him. Request that the mother be ordered to either adhere to the agreement or turn over custody to him.
  • Feb 11, 2010, 08:21 AM
    TerrieS

    Next question is what about the sexual assault claims she is trying to push on my seven year old grandson? I know it sounds outrageous but she emailed my son stating she is going to talk to her attorney. She turned it all out of whack saying he tried to force her and he didn't.. they never even kissed.
    I do not know where the dare game came up and him asking for a kiss has never happened before. He has never shown any signs of being interested in girls before. The only kisses he sees is little pecks.
    Can she use that as an accuse not to bring my granddaughter to California for her visit?
    My son says that was just innocent kid stuff and she is blowing it out of whack. Which I know she is. But will the courts recognize that too?
  • Feb 11, 2010, 02:45 PM
    ScottGem

    A 7 yr old is not capable of sexual assault. I doubt if any prosecutor would take that seriously. Even if he was caught touching her inappropriately (which, as I understand was not the case, it was just a kiss), I doubt if there would be criminal prosecution. So let her rant and rave. But do not bring it up the judge. If she does, then explain to the judge what happened.

    Personally, I would be more likely to believe an 8 yr old girl dared her 7 yr old half brother to kiss her, than that a 7 yr old boy was trying to steal a kiss.
  • Mar 15, 2010, 08:05 AM
    TerrieS

    Hi, We just had or second visit to Oregon and once again it turned into a nightmare worse than last month. The mother took sneeked my camera and took the little girl to a different room undressed her and took a nude picture of her and called the police and said my son did it. The police showed up and took a report. My son had his son with him and the police did not arrest him. They said they where familiar with parental alienation. They let my son leave with his son. My son explained about the visit the month before when she tried to accuse my grandson of sexual assault. I believe they believed my son is innocent. But they said they can not decide the case needs to go in front of a DA up there. She is getting a restraining order for he can not see his daughter anymore. This whole thing is a nightmare. I am trying to file emergency custody papers against her today. I am still very worried how she can do this with out a thought of another human life.. the thought of her own daughters or another child or what it would do to destroy the life of another human being if she did get away with her sick game. She is surely not fit to have any child in her care if she can do something this sick..
  • Mar 15, 2010, 11:53 AM
    TerrieS

    ScottGem, califdadof3.

    Hoping you guys can tell me what forms I need to file for emergency custody. If you see my last posting please reply as soon as possible. Thank you very much.
  • Mar 20, 2010, 08:37 AM
    cdad
    Quote:

    Originally Posted by TerrieS View Post
    Hi, We just had or second visit to Oregon and once again it turned into a nightmare worse than last month. The mother took sneeked my camera and took the little girl to a different room undressed her and took a nude picture of her and called the police and said my son did it. The police showed up and took a report. My son had his son with him and the police did not arrest him. They said they where familiar with parental alienation. They let my son leave with his son. My son explained about the visit the month before when she tried to accuse my grandson of sexual assault. I believe they believed my son is innocent. But they said they can not decide the case needs to go in front of a DA up there. She is getting a restraining order for he can not see his daughter anymore. This whole thing is a nightmare. I am trying to file emergency custody papers against her today. I am still very worried how she can do this with out a thought of another human life.. the thought of her own daughters or another child or what it would do to destroy the life of another human being if she did get away with her sick game. She is surely not fit to have any child in her care if she can do something this sick..

    First off you need a copy of the police report to start with. Filing for custody at this point isn't even an option until you know the whole situation. Its not what your son believes it is what the police and the follow up report is going to say is what your going to have to work with. Right now filing for emergency custody is a desperate act and could be seen as interference in an ongoing investigation. It may not be right but that is how it works. Once you can get a copy of the report and see what has been done or not done then that is the time to act. Its obvious that this isn't going to work out having visitation in the mothers home. It would be well worth it to use the resources of the courts and to go to a nuetral place. Once the dust has settled and if the report has a favorable outcome then is the time to make your move. Right now all you can do is wait and pray. Do you have any idea when you can get a copy of the police report?
  • Mar 20, 2010, 09:39 AM
    TerrieS

    The police said I had to talk to the officer on duty that night regarding the report. I called him two days ago and he has not returned my call as of yet.
    He did tell my son the picture didn't look right and that he got three different stories. He let my son leave with his son. We are back home.

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