False abuse allegations

[SingleAZdad]

I too am dealing with a psychologically unstable X. She has been put on court supervised visitation. She hasn't exercised her rights in 5 months and most recently her boyfriend was arrested for meth distribution. 8-9 years is jail.

The best thing that has worked well for me and the kids is to document all contact. I try to communicate thru email since there is good documentation. If we speak on the phone, I record the conversation. My attorneys have directed me to follow the letter of the court orders and I have regarding access. I don't bad mouth her and the kids don't have any idea about her problems. I am hopeful that she can get her act together and be a positive influence in their lives - someday.

Sorry, my point is crazy people just need a little rope. Their true colors shine thru and the court will see what is really going on as long as you keep up with good documentation. It is a must to have everything on the record.

FYI - be careful about the phone recording - some states require both parties to consent. AZ is a one party state, but many are not. It's easy to check out on the web.

 

[casa]

As long as the counselor is also willing to testify. The letter itself might do much. An affidavit would be much better.

In her post, OP indicated the therapist was willing to be deposed.

 

[meribeth]

I was kind of thinking that a letter wouldn't be much and frankly was surprised that she asked for only that. I mean, I am afraid a judge would not put much weight in just a letter, but that is what she asked for to attach to an emergency motion.

 

[LdiJ]

I was kind of thinking that a letter wouldn't be much and frankly was surprised that she asked for only that. I mean, I am afraid a judge would not put much weight in just a letter, but that is what she asked for to attach to an emergency motion.

For an emergency motion a letter may be enough. Remember, a judge only makes temporary orders based on emergency motions (if the judge chooses to make any orders at all) and then later on hears the case properly.

The letter may be enough to convince the judge that an emergency exists. However, when the case is truly heard, you are going to need the counselor to testify....or at least to be deposed.

 

[meribeth]

Ok that would make sense.....thank you for the reply Ldij....

 

[txrose1998]

I know this is not legal advice, but I wanted to let you know....the kids will get it one day. My mother poisoned my mind against my father for years. I refused to see him from the time I was 13 until I was 19. I did not understand everything until then. And now it is crystal clear. One day, your children will see their father for what he really is.....and they will be so grateful to you for everything.

 

[meribeth]

thanks txrose.....sometimes I feel like my kids resent me, but I know if I do my bet job a a mom in the end they will remember that. It is hard....but I have to be a good parent first. I have told my children that I love them and they are going to have a childhood and that none of this is their fault.

 

[meribeth]

Motion for emergency motion...Gracie (FL.)

Again I thought I should keep this all in the same thread since there are quite a bit of details.

The children's counselor drafted a letter and faxed it to my attorney. The attorney then drafted a motion for an emergency hearing attaching the letter from the counsleor asking fir all contact to be supervised. This was done @ the 17th of Oct. I still had not seen the letter form the counselor at this point which is fine. I was running under the assumption that if it wasn't what the attorney needed they probably wouldn't draft the motion.

I did recieve a copy of the motion and the letter the counselor wrote a couple days ago. He said he had concerns about the childrens well being when they were in the care of their Father. He also aid that he portrayed an overall poor co-parenting judgement. He felt that the Father did not appreciate the harm he was causing his children and that he should undergo an psych eval.

Does anyone know what the process of this motion is? I have not heard anything, and just wondered if I was being too impatient. I know we asked for an Emergeny motion for Tempory Relief to be granted until our hearing in Feb., and asked all contact be supervised.

I wasnt sure if this i something the judge would rule quickly on or maybe he has to look at the whole case file?

Thanks again for your imput.

 

[CJane]

Call your attorney.

'Emergency' is a relative term, but it's been a week since it was filed...

 

[Gracie3787]

Again I thought I should keep this all in the same thread since there are quite a bit of details.

The children's counselor drafted a letter and faxed it to my attorney. The attorney then drafted a motion for an emergency hearing attaching the letter from the counsleor asking fir all contact to be supervised. This was done @ the 17th of Oct. I still had not seen the letter form the counselor at this point which is fine. I was running under the assumption that if it wasn't what the attorney needed they probably wouldn't draft the motion.

I did recieve a copy of the motion and the letter the counselor wrote a couple days ago. He said he had concerns about the childrens well being when they were in the care of their Father. He also aid that he portrayed an overall poor co-parenting judgement. He felt that the Father did not appreciate the harm he was causing his children and that he should undergo an psych eval.

Does anyone know what the process of this motion is? I have not heard anything, and just wondered if I was being too impatient. I know we asked for an Emergeny motion for Tempory Relief to be granted until our hearing in Feb., and asked all contact be supervised.

I wasnt sure if this i something the judge would rule quickly on or maybe he has to look at the whole case file?

Thanks again for your imput.

I've forgotten which county you're in, but in larger counties even an emergency motion can take at least 3 weeks or more to be heard. If you haven't recieved anything by Oct 7, go ahead and call your attorney and ask. Also, you can call the court clerk's office to see if a hearing has been set yet.

 

[wileybunch]

I was kind of thinking that a letter wouldn't be much and frankly was surprised that she asked for only that. I mean, I am afraid a judge would not put much weight in just a letter, but that is what she asked for to attach to an emergency motion.

OhioGal here took much issue with the idea of a letter in a post yesterday, actually yelled at me for saying that some things can be put into a notarized letter and attached to a motion. She basically said no, not ever, period.

 

[Ohiogal]

OhioGal here took much issue with the idea of a letter in a post yesterday, actually yelled at me for saying that some things can be put into a notarized letter and attached to a motion. She basically said no, not ever, period.

I didn't say never. I said LETTERS are inadmissible hearsay. And there is something that can be attached to a motion. its called an affidavit. A letter though is easily discounted. WHy any attorney would suggest one when they know the rules of evidence is beyond me.

 

[TinkerBelleLuvr]

Could we safely assume that the therapist would have to testify in court?

 

[meribeth]

So confused

ok I am confused. When the attorney asked for the counselor to write a letter to attach it to the motion I thought it odd. But none the less they did and submitted the motion for temporary relief asking for supervised contact until our hearing in Feb.
I know the counselor would testify if need be. He says he is extremely concerned about the kids being alone with their Father right now.
I am in oklaloosa county Gracie. Maybe they are really busy....

 

[LdiJ]

ok I am confused. When the attorney asked for the counselor to write a letter to attach it to the motion I thought it odd. But none the less they did and submitted the motion for temporary relief asking for supervised contact until our hearing in Feb.
I know the counselor would testify if need be. He says he is extremely concerned about the kids being alone with their Father right now.
I am in oklaloosa county Gracie. Maybe they are really busy....

Again, this is a case of asking the judge to do something on an emergency, temporary basis...the letter is just to help explain the emergency to the judge.