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Ex filed for an "Evidentiary Hearing" and put false information

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Shan_n

Junior Member
I live in Oregon.

I have had full custody for 11 years. Ex was charged with assault, battery, menacing... felony 4, but he wasn't convicted. He choked me out in front of our then 4 year old (if it wasn't for the neighbors driving up I would be dead) and he beat me so bad the officer thought my jaw was broken (it wasn't , but I couldn't eat solid food for 3 weeks). This is all said because I think this is why my lawyer told me he will never get custody.

He and his new wife have tried over the years to get custody. My daughter has never wanted to live with him..until May of this year. She asked and I said no. I think they are offering her something as a bribe... maybe many things.. they are less strict in parenting for one. It's not that I'm super strict, but I wouldn't have let our 14 year old have a sleep over with boys and girls unsupervised. Who knows what else they allow. He has refused to co-parent all these years. They are both very manipulating to her and mean to me.

She and I have always had a great relationship. She used to say they don't understand her and I do, we laughed ALOT, and she always said it was nice to come home (from his parenting time - weekends).

So I was blind-sided when she said she wanted to move. I said no and for the remaining summer she has tried to convince me to say yes. We have talked, I've given her my reasons, we have been to counseling, and I've still said no.

I was served papers on Aug. 22. Since he and I do not speak and he does not see how I act with her, the only explanation of his claims have to be that she told him. The claims are that our daughter has attempted suicide 3 times due to my severe mental abuse.
He also stated that he wants to waive mediation because it has already been attempted in this case.
It has not. We have only had mediation once since the parenting plan in 2004. In 2010 he took me to mediation to lower child support. No changes were made.
I think his wife is unemployed right now and I am unsure about him.

The claims are unfounded as to the suicide attempts and mental abuse. I asked my daughter why he would say this and she said she doesn't know. Well, actually she said, "because you said no." She said she only attempted suicide once (July 3, 2014) (and that wasn't an attempt. The police officer, and staff at hospital, and counselor all agreed it was just a cry for help) she never even said she would jump. I only called 911 because i didn't want her to accidentally fall. She was on the railing of our 2nd story apartment and upset with me. I asked about mentally abusing her and she didn't have anything to say.

Because of her railing incident (she sat on it taunting me to jump) I asked ex for mediation and his reply was, "only if you submit to mental abuse counseling". I wondered where that came from at that time, as well as his reply to the whole incident. When I told him what she did his reply was, "Well maybe she didn't feel she had any other choice." What kind of a response is that to his daughter supposedly attempting suicide... ????? The whole things seemed planned to me.

She is a straight A+ student. All teachers and adults that she meet say she is very nice, sweet, intelligent.
She used to be so thoughtful and caring, then she turned 15. ;)

So my question is this: If all of the information my ex supplied (the suicide attempts, mental abuse, and mediation attempts are lies, what will the judge do when we appear in court? And how should I be prepared? I think she has a few notebooks she calls journals that she has written things in that they think are evidence. ?
oh and the new wife has been in rehab three times for drinking, but never finished. When we lived next to her I witnessed her getting drunk every night. Our daughter even says she drinks a lot and told the officer she is a drunk. And she smokes cigarettes.

My daughter changes her mind about the reason(s) she wants to go... it started out that it's her step-brother's last year in high school and she wanted to go to school with him, but then come back home. She did not want to live with her dad and the new wife by herself. I've since found out that she has been chatting with a boy from Belgium who she is trying to get her dad convince to let him live with them.... So I'm thinking she would want to stay...

The hearing is Sept. 8th.




Thanks for any input :)
Shan_n
 
Last edited:


Ohiogal

Queen Bee
I live in Oregon.

I have had full custody for 11 years. Ex was charged with assault, battery, menacing... felony 4, but he wasn't convicted. He choked me out in front of our then 4 year old (if it wasn't for the neighbors driving up I would be dead) and he beat me so bad the officer thought my jaw was broken (it wasn't , but I couldn't eat solid food for 3 weeks). This is all said because I think this is why my lawyer told me he will never get custody.

And truthfully at this juncture the above doesn't matter. Is this lawyer currently representing you?
He and his new wife have tried over the years to get custody. My daughter has never wanted to live with him..until May of this year. She asked and I said no. I think they are offering her something as a bribe... maybe many things.. they are less strict in parenting for one. It's not that I'm super strict, but I wouldn't have let our 14 year old have a sleep over with boys and girls unsupervised. Who knows what else they allow. He has refused to co-parent all these years. They are both very manipulating to her and mean to me.
Parenting differences. Do you mean he has refused to coparent or he has refused to parent like you want him to do so?
She and I have always had a great relationship. She used to say they don't understand her and I do, we laughed ALOT, and she always said it was nice to come home (from his parenting time - weekends).

So I was blind-sided when she said she wanted to move. I said no and for the remaining summer she has tried to convince me to say yes. We have talked, I've given her my reasons, we have been to counseling, and I've still said no.
How many times have you been to counseling?

I was served papers on Aug. 22. Since he and I do not speak and he does not see how I act with her, the only explanation of his claims have to be that she told him. The claims are that our daughter has attempted suicide 3 times due to my severe mental abuse.
He also stated that he wants to waive mediation because it has already been attempted in this case.
It has not. We have only had mediation once since the parenting plan in 2004. In 2010 he took me to mediation to lower child support. No changes were made.
I think his wife is unemployed right now and I am unsure about him.
And? So mediation has happened in this case. Maybe not for this motion but in this case.

The claims are unfounded as to the suicide attempts and mental abuse. I asked my daughter why he would say this and she said she doesn't know. Well, actually she said, "because you said no." She said she only attempted suicide once (July 3, 2014) (and that wasn't an attempt. The police officer, and staff at hospital, and counselor all agreed it was just a cry for help) she never even said she would jump. I only called 911 because i didn't want her to accidentally fall. She was on the railing of our 2nd story apartment and upset with me. I asked about mentally abusing her and she didn't have anything to say.
They are unfounded? Really? Your daughter threatened to jump. That IS an attempt. A cry for help IS an attempt. You are definitely minimizing this.

Because of her railing incident (she sat on it taunting me to jump) I asked ex for mediation and his reply was, "only if you submit to mental abuse counseling". I wondered where that came from at that time, as well as his reply to the whole incident. When I told him what she did his reply was, "Well maybe she didn't feel she had any other choice." What kind of a response is that to his daughter supposedly attempting suicide... ????? The whole things seemed planned to me.
You just said she DID NOT ATTEMPT but it was a cry for help. Yet, HE is supposed to do what you want and respond like you want because it was an attempt.


She is a straight A+ student. All teachers and adults that she meet say she is very nice, sweet, intelligent.
She used to be so thoughtful and caring, then she turned 15. ;)
And?

So my question is this: If all of the information my ex supplied (the suicide attempts, mental abuse, and mediation attempts are lies, what will the judge do when we appear in court?
But they aren't all lies. Your daughter did attempt suicide. You and your ex have attempted mediation.

And how should I be prepared? I think she has a few notebooks she calls journals that she has written things in that they think are evidence. ?
A GAL could definitely be appointed for your child and most likely will since there are claims of abuse.


oh and the new wife has been in rehab three times for drinking, but never finished. When we lived next to her I witnessed her getting drunk every night. Our daughter even says she drinks a lot and told the officer she is a drunk. And she smokes cigarettes.
Your daughter is no position to say her stepmom is a drunk. And smoking cigarettes is NOT a big deal for stepmom to be doing.



My daughter changes her mind about the reason(s) she wants to go... it started out that it's her step-brother's last year in high school and she wanted to go to school with him, but then come back home. She did not want to live with her dad and the new wife by herself. I've since found out that she has been chatting with a boy from Belgium who she is trying to get her dad convince to let him live with them.... So I'm thinking she would want to stay...
An exchange student?


The hearing is Sept. 8th.
If you have an attorney, follow his advice. If you don't have an attorney, GET ONE.
 

Shan_n

Junior Member
So, how often does your child see a therapist?
We went as a follow up to after she was taken to hospital.. It wasn't a long term program... all she says in counseling is that she wants to go live with dad. She said originally she wanted for us to go... then once we got there she said she didn't need it, that I do, and everything she has done and said is for me to say yet for her going to her dad. She as been about 4 times to the counselor. I'm going to schedule ongoing counseling for us next week.
 

Shan_n

Junior Member
And truthfully at this juncture the above doesn't matter. Is this lawyer currently representing you?

No, not same lawyer. I will be getting one.


Parenting differences. Do you mean he has refused to coparent or he has refused to parent like you want him to do so?

He refuses to coparent

How many times have you been to counseling?
four times.


And? So mediation has happened in this case. Maybe not for this motion but in this case.
He lied about me quitting. He didn't get what he wanted and it was over.



They are unfounded? Really? Your daughter threatened to jump. That IS an attempt. A cry for help IS an attempt. You are definitely minimizing this.
She will be in counseling for this and for our relationship as well.

You just said she DID NOT ATTEMPT but it was a cry for help. Yet, HE is supposed to do what you want and respond like you want because it was an attempt.
He is saying she threatened suicide , he should act like that; i know what she is really doing and so does the police officer who talked her down, the hospital, her counselor. etc. I took precautions in case it was or if she accidentally fell. She doesn't talk about how she feels in counseling, only that she want to live with her dad. She isn't getting what she wants and isn't even opened up for compromises i've offered.


And?



But they aren't all lies. Your daughter did attempt suicide. You and your ex have attempted mediation.
about child support.


A GAL could definitely be appointed for your child and most likely will since there are claims of abuse.
What is a GAL?


Your daughter is no position to say her stepmom is a drunk. And smoking cigarettes is NOT a big deal for stepmom to be doing.






An exchange student?
no, here was "i love you" in the messages i found and let's try to convince the parents now, etc...



If you have an attorney, follow his advice. If you don't have an attorney, GET ONE.
I am on tuesday when they open!
 

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