What. the. heck. (Binky's declaration)

[summerdawn]

What is the name of your state (only U.S. law)? Ca



When dad and Sm picked up the kids today, SM served me with their latest motion. The declaration attached states:

I request the following:
1.Third party conduct the pick up and drop off at the donut store (A, R, or G);
2.That all contact be made by email (unless it is an emergency);
3.Easter and Halloween in odd years to father, mother in even;
4.FL341E orders be made relating to joint legal custody and that she provide insurance info, Dr. and dentist info.

Summer and I have three daughter together, many, age 7, Moe, age 6, and Jack, age 4. I have been exercising joint legal custody since October 2008. I have had visitation to include alternate Sundays and every Monay. I was injured at work and had to have hernia surgery. I had missed a day here or a day there. For the most part, my visitation has been regular. Summer and I agreed to Jessica Rabbit (my wife) provide the transportan for the visits. This seemed to be working out at the begnning. After the order went into effect, curbside pick up and drop off was not woking out. Either Summer, or her 12 year old son would come outside to meet the children. Once, when Jessica asked 12 year old[my son] to escort the children back into the house, he didn't and the children ran over to the next door neighbors. (Uh, yeah, you're gonna blame SM not supervising my children on my 12 year old??) Summer lives next door to a halfway house and so this arrangement can prove to be unsafe.

Last weekend I went out to dinner with my family. We brought the girls with us. We left Autumn's jacket at the restaurant in Riverside (by mistake). When my wife JR dropped off the girls, summer asked about Jack's jacket. JR toldSummer she would have to return it the following day. This response was not good enough for Summer and Summer began to argue with JR in front of our children. Summer left and threatened to call the police. The next thing we know, two officers showed up at our front door. It was late in the evening and dark outside. The officers were told that our youngest daughter Autumn was very ill and needed her warm coat. The officers told my wife that she could be arrested for child endangerment if she didn't return the coat immediately. They asked for her driver's license. JR telephoned her uncle (our attorney) Her uncle was a little surprised that the police were becoming so involved in such a simple matter as a child's coat being left at dinner. He telephoned the watch commander. we discovered that the two officers were new on their job and the watch commander told our attorney that nothing would be filed. The officers apologized for the inconvenience and left. Summer had the children across the street in her van watching the wole ordeal. I can only imagine what they were thinking. They had just finished having a nice dinner out with extended family and the next thing they know, they are out in front of my house waiting in the van while the police interrogated my wife.

Summer is th type of person that calls CPS on family members out of spite. She has cause so much disruption in our lives that my parents don't want her anywhere near our home. She spins things out of control. In the past, she has caused problems at my work and my home. (I have NEVER.)

I simply want to visit my chidren without incident. We need to have third party conduct the pick up and drop off. I don't trust her. We need the pick up and drop off to be in a public place. I request the pick up and drop off take place at the Yummers donuts in tallahassee and that the following people be appointed as the third party to conduct the drop off: 1. (Crazy MIL) 2. dad's mother-who doesn't even drive, 3.Dad's dad. The donut store has camera surveillance in the parking lot that can easily be subpoenaed if Summer tries to make false allegations against us as she has done in the past.

I request that the court order email contact only and only contact that directly relates to the children. We live with my parents and we don't have our own separate home telephone number. Telephone contact should be reserved for emergencies only.

I request that in addition to the joint legal custody, the court make the FL-341-E orders allowing me to go to their school and add myself on all of our children's records. I request that Summer be ordered to provide via email the children's dentist and doctor's telephone numbers and addresses and insurance info.

 

[summerdawn]

First off, I thought since he has the court order statng he has joint legal custody he could just walk in and add himself to the school paperwork if he wanted to. I keep him informed of all school functions and invited him to go to the conference with me. He declined all school invites and has never been to their school ever.

Second, I have kept him informed of the childrens medical problems and told him who their doctor was before so I don't understand why he is acting like I haven't.

Also, I don't like how they try to blame Sm's irresponsiblity on my TWELVE year old son. That is bull.

AND their twisted innacurate account of the night with the jacket is completely untrue.

I am submitting the following requests in my OSC:

*that dad be present at all pu\do, and all pu\do happen at the local police station. [backed up by times and dates of incidents where SM was verbally harassing me.]

*That Sm not be allowed to pu\do children alone due to the incidents where the children were not cared for properly. [backed up with specific dates and times of incidents]

*That there be one, ten minute phone call per week to discuss the childen and only the children. [Because dad is 2 months behind on child support and I may not have the internet for much longer so email won't be a good option for me.]

*I am requesting that visitation be changed from the current visitation time to the following:

Father shall have the children on the 2nd and 4th Sundays from 3:30 p.m. until 6:30 p.m.
Father shall have the children every Monday from 3:30 p.m. until 6:30p.m.

[backed up by a complete date by date time and place visitation log in which he only exercised his full 1p.m. until 6:30p.m. visit once.

Is it likely that the courts will make me consent to the third party pick up if I refuse? I don't want his crazy MIL picking up my children AT ALL. I'm not fond if the idea of his parents picking them up either. They drink heavily and yell at each other all the time.

And do I contest their lies in my response or just leave it be? I stated [in my declaration] about the harassment and jacket incident this:
"On two separate occasions, stepmom has acted physically threatening to me, screaming at me and shaking her fist in my face. On one of these occasions I filed a police report." (The funny thing is, after I submitted this to my paralegal, I found records of TWO more incidents of her flipping out on me-one of them was at the courthouse after our mediation session.)

I felt that short and to the point was the best way to go.

 

[sipa]

Oh my Summer not that anyone who has read your posts did not expect or see this coming but my God.

Oh you so need to distance yourself from this at least mentally if not physically.

My heart bleeds for your kids, they are so young and this is bound to escalate until such time as these people think they have exhausted you and you are going to roll over.

Good luck sweetheart, I know that there are two sides to every story but I the differences on the events of the other night over the coat are astonding.

I see there is no mention of the harrassment via phone to you maybe it's time to call the phone company and get those records....

 

[Isis1]

. DO NOT agree to crazy lady being the third party. DO NOT agree to crazy lady's mother to being the third party.

respond to everything crazy lady made up. not for one second do i believe dad typed his version of anything.

one side tip, don't say you will not have internet much longer due to dad not paying support. it looks like a pot shot. just state internet will not be of any use in the next month or so at this time as finances have gotten tight. and just leave it at that.

 

[CJane]

Is that seriously how his motion reads? Complete with completely incomprehensible language?

If it is, file a motion to dismiss, stating that he fails to make a claim upon which relief can be granted, and further that his Motion is incomprehensible in its current form.

Also state that as Petitioner already HAS joint custody, no order needs to be entered to reflect such, nor is an order required for any of the things he requested to take place. That the motion is frivolous and a waste of the court's time.

 

[summerdawn]

Is that seriously how his motion reads? Complete with completely incomprehensible language?

If it is, file a motion to dismiss, stating that he fails to make a claim upon which relief can be granted, and further that his Motion is incomprehensible in its current form.

Also state that as Petitioner already HAS joint custody, no order needs to be entered to reflect such, nor is an order required for any of the things he requested to take place. That the motion is frivolous and a waste of the court's time.

I'm terribly sorry CJane, that is the declaration verbatim, but the typos are mine. I feel like I am going to throw up.

Were the typos what you were referring to?

I don't undersand the whole: "Summer is the type of person to call CPS out of spite. [etc etc etc]" For one thing, it is not true, but for the MAIN thing, I don't see how in the world it would be relevant to anything in the motion?

 

[summerdawn]

Is that seriously how his motion reads? Complete with completely incomprehensible language?

If it is, file a motion to dismiss, stating that he fails to make a claim upon which relief can be granted, and further that his Motion is incomprehensible in its current form.

Also state that as Petitioner already HAS joint custody, no order needs to be entered to reflect such, nor is an order required for any of the things he requested to take place. That the motion is frivolous and a waste of the court's time.

That was what I thought too, he already HAS joint custody, so why would they feel the need to file to "assert" it?

 

[truebluemd]

Is that seriously how his motion reads? Complete with completely incomprehensible language?

If it is, file a motion to dismiss, stating that he fails to make a claim upon which relief can be granted, and further that his Motion is incomprehensible in its current form.

Also state that as Petitioner already HAS joint custody, no order needs to be entered to reflect such, nor is an order required for any of the things he requested to take place. That the motion is frivolous and a waste of the court's time.

This is exactly the type of stuff my ex does. Summer I hope you get through this. I agree. File a motion to dismiss and point out the absoutely stupid requests for the information he already has so the court can see that He is just being a troublemaker.

 

[CJane]

That was what I thought too, he already HAS joint custody, so why would they feel the need to file to "assert" it?

There IS no need. If you're interfering w/his custody he can file contempt. But his requests can't BE granted. THere's ALREADY an order allowing him to add his name to the school crap (though honestly YOU should have done it), there's ALREADY an order allowing him to have medical info, and you've in fact already provided it.

He's not ASKING for ANYTHING that the courts can provide for him that they haven't already other than the whole public location thing and the 3rd party pick up.

Again, ask that the whole motion be dismissed.

Also, you cannot 'answer' the motion as written as they make no assertions that you can admit or deny.

 

[summerdawn]

There IS no need. If you're interfering w/his custody he can file contempt. But his requests can't BE granted. THere's ALREADY an order allowing him to add his name to the school crap (though honestly YOU should have done it), there's ALREADY an order allowing him to have medical info, and you've in fact already provided it.

He's not ASKING for ANYTHING that the courts can provide for him that they haven't already other than the whole public location thing and the 3rd party pick up.

Again, ask that the whole motion be dismissed.

Also, you cannot 'answer' the motion as written as they make no assertions that you can admit or deny.

I have really really personal reasons for not having added him myself. I felt that if he wanted to be added he could do it. Up until September of this year there was actually a restraining order by the school district preventing him from taking the children from the school until he got joint legal custody. (I don't know if you remember the beginning of my case but he was very abusive and is a registered sex offender with an extensive and violent criminal record.)

With that said, do you think it would be in my best legal interest to add him to the school paperwork now? How do I ask that the motion be dismissed? In my OSC, or when I get to court? We also have court mandated mediation in May before the court date.

 

[Rushia]

Perhaps part of the response should be that Crazy MIL is improperly inserting herself into the case. She has absolutely no right to contact Summer and is abusing her authority as a paralegal.

 

[Ohiogal]

I have really really personal reasons for not having added him myself. I felt that if he wanted to be added he could do it. Up until September of this year there was actually a restraining order by the school district preventing him from taking the children from the school until he got joint legal custody. (I don't know if you remember the beginning of my case but he was very abusive and is a registered sex offender with an extensive and violent criminal record.)

With that said, do you think it would be in my best legal interest to add him to the school paperwork now? How do I ask that the motion be dismissed? In my OSC, or when I get to court? We also have court mandated mediation in May before the court date.

He might not be allowed on school grounds due to the bolded. Most schools do not want SEX OFFENDERS on school property. Creates too many liability issues.

 

[summerdawn]

Perhaps part of the response should be that Crazy MIL is improperly inserting herself into the case. She has absolutely no right to contact Summer and is abusing her authority as a paralegal.

I think the problem with that is that at first I willingly spoke with her in the hopes of resolving things peacefully, so she may have taken it to indicate that it was ok to contact me. [Certainly NOT ok to call my house over 9 times in a 24 hour period harassing and threatening me though.]

 

[truebluemd]

With that said, do you think it would be in my best legal interest to add him to the school paperwork now?

Yes

How do I ask that the motion be dismissed? In my OSC, or when I get to court? We also have court mandated mediation in May before the court date.

That letter is awefully long, but you can do a point by point response.

 

[summerdawn]

He might not be allowed on school grounds due to the bolded. Most schools do not want SEX OFFENDERS on school property. Creates too many liability issues.

OH. I spoke with the school just last week (because I figured with all the problems he might try to get involved in their education finally to make it look like he is making an effort) and they told me if he brought his CO stating he had joint legal cusody in that they would add him to the paperwork, they said it was the law that they had to. They told me he has never shown up at the school whatsoever when I asked if he had come in and added himself.