objection to mediators recommenation filed...

[rmet4nzkx]

Hello everyone. It's DD's GF. We found out today that on Apr. 25th there will be a settlement conference. what is that? The contempt hearing judge continued the case to apr. 25th to be heard at the same time of DD's objection to the mediator's recommendation. We haven't yet spoken to his attorney yet, but we were curious what this means. The notes on the case notes says that his ex pleads not guilty but no other info.

I responded to your PM.
Thank you for the information.
If things don't go well, it is possible that there is reversable error based on those docket entries, that and the fact that DD's original atty failed to file the contempt motions as claimed may give you a chance to get them considered now. Did you ever get the transcripts from the July 1 hearing and the filed order? If so, WHO wrote the order, the EX or the Court? It is hard to file an objection to an order if the court can't supply the transcripts. The case summary also shows that DD was refered to the FLFO early on, did he call them then or only after we suggested he contact them?

 

[casa]

But in this case, they are not asking for everything, they are asking for virtually nothing, osmehting is not right.

I meant they SHOULD be asking for everything.

I agree something is amis...and I think it's related to DD being denied for so long~ He is no longer 'sure' of what he will be able to win. This is a tragic case...I am truly hoping this mother is punished. This is a prime case of PAS

 

[rmet4nzkx]

I meant they SHOULD be asking for everything.

I agree something is amis...and I think it's related to DD being denied for so long~ He is no longer 'sure' of what he will be able to win. This is a tragic case...I am truly hoping this mother is punished. This is a prime case of PAS

THis has been through a series of pro temp "judges" it is finally up to a juvenile comissioner, this really needs a judge.

 

[daddenied]

But in this case, they are not asking for everything, they are asking for virtually nothing, osmehting is not right.

I agree with you Miss Met, but DD seems to feel that whatever his attorney (who of course came in on the back end of the entire ordeal) suggests that we should just be okay with it. He is at his wits end and truly believes that Fresno's family court system just has no way out for good fathers. He states that at this point and time ANY visitation will do. He just misses his children so much and the fight had almost bankrupted the both of us. That is used loosely as we have not filed bankruptct and don't plan to, but the amounts of money we have spent in this fight have brought us to a point that without the aid of our church we would not be eating in the month. This attorney has truly been a blessing due to the fact that he was reasonable with his fee-we were referred to him by prepaid legal and indicates however long this fight is he will represent and DD can make arrangements to pay him, however small each month.

Anyway, sorry for getting off of the subject, but the very little that the attorney asked for in the objection worried me too, but he states that the judge will NOT order DD's ex to undergo anger management simply because the mediator saw no reason to and the issue is DD NOT the ex. I was confused, but DD accepted that answer. I suggested to DD that before the settlement conference he should speak to the attorney or WE since I really feel that DD is overlooking a lot of vital things that have occurred in the case. His ex has been in contempt all of this time, and since SHE did not furnish kids to court ordered visitation, SHE should drive them down to our area for visitation-supervised or not. SHE should do the travelling, not DD. He did all the court ordered travelling all the times she did not show up.

Anyhow, DD said he just feels that Fresno will not punish his ex...not that either of us want her in jail, but we were hoping she would get some sort of consequence for her actions of not following the court orders for visitation. There has been no cost response to this wicked lady.

 

[daddenied]

I responded to your PM.
Thank you for the information.
If things don't go well, it is possible that there is reversable error based on those docket entries, that and the fact that DD's original atty failed to file the contempt motions as claimed may give you a chance to get them considered now. Did you ever get the transcripts from the July 1 hearing and the filed order? If so, WHO wrote the order, the EX or the Court? It is hard to file an objection to an order if the court can't supply the transcripts. The case summary also shows that DD was refered to the FLFO early on, did he call them then or only after we suggested he contact them?

Transcripts have NEVER been found from the July 1st hearing. We have been endlessly bugging the courts for it since then, and since getting this new attorney, he too has been told that the dept the hearing was heard in was a temporary dept, and for some reason the transcripts cannot be located. He said he has someone working on finding them. We have no idea how that happened and not sure what will happen if it never appears.

We actually contacted the FLFO from the very beginning. They were at first helpful than after that indicated that they could do no more, due to the fact that Fresno does not like contempt cases against mothers, etc...I can't remember all the details, but they gave us the run around and at one point and time, someone in their office said they would no longer help us long distance, we had to physically come in each time we needed help. It was frustrating.

 

[daddenied]

I meant they SHOULD be asking for everything.

I agree something is amis...and I think it's related to DD being denied for so long~ He is no longer 'sure' of what he will be able to win. This is a tragic case...I am truly hoping this mother is punished. This is a prime case of PAS

This lady sits in court smirking the entire time we are there and it seems to both DD and I that she just somehow KNOWS that she will win no matter how dishonest she is. We are paranoid when something changes each time, however little the change is. PRior to the contempt hearing a male judge was listed to hear the contempt case on the 21st, but when we got there the location, dept and judge were changed. We immediately felt paranoid about why this happened. Not that either of us know anything about these things, but since DD has been denied so long (according to the new atty, it looks as if his case was just overlooked, ignored and lost in the pile of other bigger cases) we just panic and think his ex who has a sister who works in Fresno law enforcement has done some dirt to get people changed.

You're all probably laughing at our paranoia, and maybe nothing really fishy has ever gone on, but we cannot help it. The attorney says that the courts will never give the kids to DD due to the mom NOT being considered unfit to them and that taking them away from where they have now been for 3 years will be detrimental to them, their schooling and their sports. By the way, Miss Met, none of these children have exceptional athletic skills, moving them to Long Beach would by far be a better choice academically and athletically, due to being with their father, an ex-athlete and all the educational and athletic connections we both have in the community here. We are both in educational and counseling fields and know that Long Beach schools are far more superior. Anyway, that was just a side note.

 

[daddenied]

THis has been through a series of pro temp "judges" it is finally up to a juvenile comissioner, this really needs a judge.

Would you know why they have a juvenile commissioner on this case, especially since she happened to suddenly appear to be the new judge at the contempt hearing?

 

[daddenied]

update

We didn't hear from attorney today, but apparently his secretary called DD today and told him to call CYS, (the agency that his ex insisted on having supervised visits last year with) to set up an orientation. ????? Attorney supposed to call tomorrow.

 

[rmet4nzkx]

We didn't hear from attorney today, but apparently his secretary called DD today and told him to call CYS, (the agency that his ex insisted on having supervised visits last year with) to set up an orientation. ????? Attorney supposed to call tomorrow.

WHY wasn't DD in court for the hearing? Wasn't this supposed to be about ex's contempt? This makes no sense, what is he paying his attorney to do? WHO is his attorney representing? Him or his Ex?

 

[daddenied]

Not sure how to feel...

Hello Miss Met.

It's DD today. I got a call from my attorney this morning and am feeling stressed. The hearing yesterday was supposed to be the contempt hearing that was continued to yesterday so that the courts could hear all issues at the same time. This was per the judge on Mar. 21st who said she could not fairly hear the contempt case without the visitation case because it went hand in hand. I and my attorney agreed and I was happy. Last week we found out that the visitation hearing was set for Aug. 1st..I think my GF already emailed you about this. We called the attorney office who said they were notified on last week by the courts that the visitation could not be moved to Apr. 25th as the judge from the contempt hearing requested and it was now Aug. 1st. My attorney told me not to come as all he was going to do was ask for a continuance so the matters could be heard together. I told him that I knew I couldn't have the courts move the date up any sooner, but that I was frustrated that I was now back to square one and Aug. 1st will be a whole year and a month since the July 1st hearing last year when that judge said 24 weeks of therapeutic supervised visitation for me and the boys was unreasonable and too long for us so ordered 12 weeks immediately than we would be able to have regular visitation after completion and mediation...of course you know that NEVER happened since my ex did everything to keep them away, and continued through the rest of the year. Remember? I had to take her back to court on Sept. 14th to ask the judge to force her to bring them to the therapist I found who would see us on Saturdays which they did and of course she violated that order. NOW, my attorney says this morning that he and her attorney, a public defender compromised when he asked for a continuance to Aug. 1st. He stated the only reason the compromise came up was BECAUSE he was asking that it was not fair that I had to wait 3 more months to go to court and try to get visitation again with my children. The compromise was that I am so lucky to get to see them once a month (in May, June, and July on a Saturday that SHE chooses of course becuase she knows their busy schedules) and at CYS, the place she insisted on last year (I know she has friends there) but could not accomodate therapeutic supervised visits. My attorney said she insisted on ther. sup. visits again, but her attorney said no, supervised visits were what CYS CAN do on Saturdays and that was what they agreed on until Aug. 1st. Problems for me...I get only 2 hours each of those visits and pay $30 a hour, out of my pocket. She chooses the Saturdays with no regard to my schedule. All boys don';t have to come, she has to TRY to get them all there at the same time. I cannot hug my children or touch them on these visits but I should feel glad to have 3 visits before Aug. 1st court date.

I asked my attorney what would happen if she didn't bring the kids? He said, "well there's a court order." I said "Theres always been a court order". I guess he meant there's a court order and I have an attorney who isn't going to abandon me. Don't get me wrong...I am VERY happy to see the boys, but still not sure how to feel about this whole thing. I was prayerful and got this attorney who I really feel good about, especially because my GF's uncle is family law superior court judge in another state and he said that due to my color(black) and my ex's color (white) that in the Fresno court system I will see very little REAL justice and that my attorney is doing the best he can do with how he knows the courts react up in Fresno...whatever that means. My attorney said if she violates again, we can file contempt again or add that she pay attorney fees. Of course, if you ask me she should be paying for the visits, my gas to go up there AND the attorney fees...my attorney said the judge would not hear that at this time, stating I must cover expenses if I want to see my children.

Now, I am told that I must immediately make an appt for an orientation with CYS in fresno, go up there during the week for a few hours, fax over the orientation completion form to my attorney who will get to my ex, who then has to schedule a Sat. for me to come up and give me 2 weeks notice, but the first visit must be in May. I take my comps exam this Saturday, in Vegas for wedding on Sunday and Monday and have missed so much work I fear the loss of my job coming. So, I am going to see if I can get a day off next week and go up there to get this done. In the meantime I am getting in touch with my sons' coaches to get their REAL schedules because I know my ex will be a B.... and lie again just like last year, send them out of state to their grandparents for 2 weeks in July and just make up that they are busy to keep them away from me. I already know that my oldest son is free every Saturday in June and July. The youngest is not in any sports this year and the other 2 I will see if I can get help from their coaches. BUT...she still gets to choose the weekend.

I gotta go. Either my GF or I will check this later and update you on what we think we will do. I want to believe this attorney is doing the best he can and hope I am right. Thanks!