Unbelievable!
Before DH's case was assigned a GAL, I downloaded the list of state certified GAL's. Our GAL was not on the list. So, I figured she was just a new GAL and the state had not updated it's PDF file in a while. Called the GAL board of the state, and what do you know, not only is our GAL NOT certified, she has also had a complaint filed against her from another county. Of course the board cannot do anything about the complaint, because she is not certified and not under their jurisdiction.
My first thought is to the $500 we just sent this woman. Called bank, check had not cleared yet, but did not stop payment, because I wanted to get my facts straight first and not piss off our potential GAL.
So, I call the county that filed the complaint and talked to the clerk. She confirmed that a complaint was filed, but could not discuss because the case was confidential.
So, I call our clerk to find out if the county was in fact required to use certified only GAL's and if there was some type of "grandfathering" rule that had been applied to her. Of course our clerk was in court. By the time I got a hold of her around 3, the check had been cashed : ( The clerk stated that this GAL, as well as several others, are under review, to be held on Dec 15th, as the clerks office had as well become aware that there were certification issues, however the Marital Master had said to go ahead and use her anyway. I gave her the info for the other county clerk for her to call and see if she could get more info than I could. She suggested that since we knew all this information, we should go ahead and file a motion for a new GAL.
So, on the phone with our attorney. He is going to confirm all these facts on Wednesday, when the GAL board opens back up, and then file a motion to assign a new GAL. He is also going to ask that our current GAL be responsible for forwarding the funds to the new GAL. He called the GAL to discuss this with her and she just left us a phone message stating that there must be some confusion because of using her former married name, that she has been certified since 1995, and that she is unaware of any complaints.
She is another BM! Take any shred of factual information and twist it until you can no longer recognize it. First of all, the board has only been around since 2007, so how she could be certified with the board since 1995 is beyond me. Neither of her "names", married or otherwise, are on the list. And she is totally denying the complaint exists.
We are not calling her back until we hear from our attorney on Wednesday to see what he makes of the whole situation.
Of course, we have put ourselves in a precarious position, GOD forbid, the MM says we have to use her and we've started off on a very bad foot. But, I can't imagine with everything we know about her the MM is going to keep her on our case and risk us pursuing this further. This woman needs to be off our case - and I can't believe that we are the ones putting two and two together for everyone. Ughhhhhhh!
November 24, 2008
November 20, 2008
GAL Update 1
We made contact with the GAL. After she receives our check, she is sending us the paperwork we need to fill out for her to begin the investigation. I'll let you know what that's like...
Hell has frozen over...
...which is to be expected since it is 14 degrees outside right now!
We have not heard a peep from BM. I'm thinking it is because of the GAL. She's got to be on her best behavior to show that all the documentation we have could not possibly be about her. BM has never been able to not respond negatively to one of our letters. Do you think the judge would allow us to have a GAL assigned to us for the next 4 years? The GAL wouldn't even have to do anything, just be assigned to us, like a watch dog. Just close enough for BM to know she's watching! I would pay $500 a year for that service!
What do you know, still haven't received that letter she said she was sending agreeing to the boys flights! Thank goodness we got that temporary order - Saturday it will be 30 days before their flight. Who the heck makes holiday airline reservations that close?
Part of me is thinking that she is going to back out at the last minute, her "health" will be so bad she can't have the boys come out for Christmas. She'll get to run the boys through the "poor me" ringer, won't have to worry about anything bad happening during her visit that the GAL might hear about before the hearing, and she'll get to screw with us with the airline tickets (although I tell you what, if she does cancel, new reservations will NOT be made until she pays us the fees!).
Below are the last two letters we sent, which BM received this week:
Health Letter:
I received your phone message of November 3, 2008.
I understand your health issues are of great concern to you at this time. I am willing to help ease any stressful situations you may have to deal with in regards to the boys. Your need to manage stress due to your illness will no doubt make communicating regarding the boys’ welfare difficult for you. Any issues regarding the boys’ still need to be addressed, however. My proposed parenting plan speaks to this issue, by granting me sole-decision making responsibility. This will allow you to focus on your health and enjoy the boys’ time with you, without the additional stress of taking part in making major decisions regarding their care. If we are in agreement that this would be the best option due to your ongoing health concerns, we can both sign an agreement and I can file the agreement with the court, leaving the rest of the issues in the proposed parenting plan to be discussed at the next hearing. Please let me know if you would be agreeable to reducing your stress and managing your health this way.
SS1’s eye exam revealed that he has astigmatism, and needs a very mild prescription for reading and driving.
SS2’s consult with the orthodontist resulted in a discussion of 3 options. The first option is to do nothing regarding his overbite, as it does not affect his eating, nor does it cause him any discomfort, except for where his lower teeth touch his palate, for which he could get a retainer to prevent contact. The second option is the corrective jaw surgery. The third option is to use only orthodontics to correct the problem. Regardless, the second and third options would not be something that would happen until his jaw is close to reaching maturity and the orthodontist has a better idea of what will be happening with his front teeth, which would be in his very late teens, early adulthood. No decision will need to be made until he is around 17 years of age. SS2 will be receiving a referral to the surgeon so that the surgeon can evaluate his case and see if he is even a good candidate for the procedure.
In regards to the temporary order regarding transportation, the proposal was read to you in court, you agreed and the judge ordered it. While he may not have filed it yet, the order stands as of the date of the hearing. You are not required to respond in any way to my notification, however your lack of response in 5 days gives me the responsibility to select dates of travel. If you are now represented by legal counsel, please forward to me the contact information so my attorney can make contact.
Flight Letter:
As I have not received a written confirmation from you regarding the boys’ winter vacation flight within 5 days of your notification (November 3, 2008), per the court order of October 29, 2008, I have made the boys’ reservations.
SS2 will be flying as an unaccompanied minor (required by Midwest for children under 15 years of age). Only the person purchasing the flight can add pick-up/drop-off parent information to the reservation, so I will need you to send/fax me a copy of your current photo id that you will be using to drop SS2 off at the airport before December 20, 2008. SS2 will not be able to fly without this information included with his reservation. SS2 will have with him upon his arrival a money order/check written out to Midwest Airlines, which you will need to pay the $50 fee for SS2’s unaccompanied minor service (Midwest policy does not allow me to purchase this ahead of time).
The flight may also only be changed by the person purchasing the tickets, so if you do need me to change the flights for you for any reason, you will need to make sure that I have receipt of the funds required for the change at least 7 business days in advance of the new flight to allow the funds to clear my bank account. Another option would be for you to purchase a new ticket directly from Midwest yourself.
Please contact Midwest (414-570-7000) for information regarding security procedures, check-in/boarding passes, baggage requirements and fees for changing tickets.
The first paragraph of the health letter is designed based on a strategy in the book, "I Hate You - Don't Leave Me: Understanding the Borderline Personality" by Kreisman & Straus. The strategy is called SET and is discussed in Chapter 6 on Communicating with the Borderline. SET stands for Support, Empathy and Truth. Basically you try to smooth their feathers before you whack 'em with reality. At this point, we're willing to try anything!
I still can't believe she hasn't left a nasty message - I love the sound of silence : ) If it weren't winter, I could hear the crickets chirping!
We have not heard a peep from BM. I'm thinking it is because of the GAL. She's got to be on her best behavior to show that all the documentation we have could not possibly be about her. BM has never been able to not respond negatively to one of our letters. Do you think the judge would allow us to have a GAL assigned to us for the next 4 years? The GAL wouldn't even have to do anything, just be assigned to us, like a watch dog. Just close enough for BM to know she's watching! I would pay $500 a year for that service!
What do you know, still haven't received that letter she said she was sending agreeing to the boys flights! Thank goodness we got that temporary order - Saturday it will be 30 days before their flight. Who the heck makes holiday airline reservations that close?
Part of me is thinking that she is going to back out at the last minute, her "health" will be so bad she can't have the boys come out for Christmas. She'll get to run the boys through the "poor me" ringer, won't have to worry about anything bad happening during her visit that the GAL might hear about before the hearing, and she'll get to screw with us with the airline tickets (although I tell you what, if she does cancel, new reservations will NOT be made until she pays us the fees!).
Below are the last two letters we sent, which BM received this week:
Health Letter:
I received your phone message of November 3, 2008.
I understand your health issues are of great concern to you at this time. I am willing to help ease any stressful situations you may have to deal with in regards to the boys. Your need to manage stress due to your illness will no doubt make communicating regarding the boys’ welfare difficult for you. Any issues regarding the boys’ still need to be addressed, however. My proposed parenting plan speaks to this issue, by granting me sole-decision making responsibility. This will allow you to focus on your health and enjoy the boys’ time with you, without the additional stress of taking part in making major decisions regarding their care. If we are in agreement that this would be the best option due to your ongoing health concerns, we can both sign an agreement and I can file the agreement with the court, leaving the rest of the issues in the proposed parenting plan to be discussed at the next hearing. Please let me know if you would be agreeable to reducing your stress and managing your health this way.
SS1’s eye exam revealed that he has astigmatism, and needs a very mild prescription for reading and driving.
SS2’s consult with the orthodontist resulted in a discussion of 3 options. The first option is to do nothing regarding his overbite, as it does not affect his eating, nor does it cause him any discomfort, except for where his lower teeth touch his palate, for which he could get a retainer to prevent contact. The second option is the corrective jaw surgery. The third option is to use only orthodontics to correct the problem. Regardless, the second and third options would not be something that would happen until his jaw is close to reaching maturity and the orthodontist has a better idea of what will be happening with his front teeth, which would be in his very late teens, early adulthood. No decision will need to be made until he is around 17 years of age. SS2 will be receiving a referral to the surgeon so that the surgeon can evaluate his case and see if he is even a good candidate for the procedure.
In regards to the temporary order regarding transportation, the proposal was read to you in court, you agreed and the judge ordered it. While he may not have filed it yet, the order stands as of the date of the hearing. You are not required to respond in any way to my notification, however your lack of response in 5 days gives me the responsibility to select dates of travel. If you are now represented by legal counsel, please forward to me the contact information so my attorney can make contact.
Flight Letter:
As I have not received a written confirmation from you regarding the boys’ winter vacation flight within 5 days of your notification (November 3, 2008), per the court order of October 29, 2008, I have made the boys’ reservations.
SS2 will be flying as an unaccompanied minor (required by Midwest for children under 15 years of age). Only the person purchasing the flight can add pick-up/drop-off parent information to the reservation, so I will need you to send/fax me a copy of your current photo id that you will be using to drop SS2 off at the airport before December 20, 2008. SS2 will not be able to fly without this information included with his reservation. SS2 will have with him upon his arrival a money order/check written out to Midwest Airlines, which you will need to pay the $50 fee for SS2’s unaccompanied minor service (Midwest policy does not allow me to purchase this ahead of time).
The flight may also only be changed by the person purchasing the tickets, so if you do need me to change the flights for you for any reason, you will need to make sure that I have receipt of the funds required for the change at least 7 business days in advance of the new flight to allow the funds to clear my bank account. Another option would be for you to purchase a new ticket directly from Midwest yourself.
Please contact Midwest (414-570-7000) for information regarding security procedures, check-in/boarding passes, baggage requirements and fees for changing tickets.
The first paragraph of the health letter is designed based on a strategy in the book, "I Hate You - Don't Leave Me: Understanding the Borderline Personality" by Kreisman & Straus. The strategy is called SET and is discussed in Chapter 6 on Communicating with the Borderline. SET stands for Support, Empathy and Truth. Basically you try to smooth their feathers before you whack 'em with reality. At this point, we're willing to try anything!
I still can't believe she hasn't left a nasty message - I love the sound of silence : ) If it weren't winter, I could hear the crickets chirping!
November 13, 2008
Like talking to a brick wall...
So we sent the proposed flight schedule for BM to agree to. She received it on 11/3. She leaves DH a voicemail message about how she is tired of getting harassed by him, that she called the clerk and there is nothing filed from the hearing and he needs to stop sending her things, that she got "legal advice" and she doesn't have to put up with it, and that she is sending the confirmation back because she did agree to it (even though she doesn't think she has to since the paperwork is not yet "in the file").
11/7 - another voice mail stating that she is sending back the confirmation.
11/8 - her 5 days are up, no confirmation!
11/12 - still no confirmation, we book the flight. Since she has dragged this whole thing on for so long, the original flight on the 23rd is no longer available. So we can either have the boys fly at 6 am or the night before, either way they will miss school on the 23rd. So we opt for the evening of the 22nd. The return flight for SS2 was cheaper on 1/2 than it was for the original date of 1/4, and since she is getting an extra day on the 22nd, we opted for SS2 coming back 1/2. She's gonna bitch, but she had her opportunity to respond and she chose not to. So, in less than 15 days from the hearing, we already get to test out our order ; )
We'll be sending her the flight info tomorrow, I can just imagine the voice mails we'll get. The beauty of Midwest Airlines, though, is only the person purchasing the ticket can make changes. So she'll either have to send us the $ upfront, or purchase her own ticket if she wants to mess around with any dates. Thankfully, Midwest does not just automatically charge the purchasing credit card when changes are made, which was my fear. They do, however, have a stupid policy about not being able to pay the unaccompanied minor fee at the time of purchase. So, since SS2 will be flying as an unaccompanied minor on the way home, we have to send a check/money order written out to Midwest for BM to give to them before he boards.
Another interesting point about the unaccompanied minor issue is that only the purchaser can update the airline with the info for who is picking up/dropping off the child. The info must match the photo id of the person picking up/dropping off. Soooo, we have to get a copy of her DL to see what address she has listed. What do you want to bet it is still FormerHomeState? What do you bet she doesn't send us the info? SS2 will not be able to fly if she doesn't, so if we don't get it by the 22nd, he'll have to stay home. Do you think she'll push this envelope? - yup!
PS - the judge filed the order on 11/4, so even if we go by that date, she still did not make her 5 day deadline.
In his order, the MM states: The court assumes her objection to the Petition of Modification, but she will be required to file a written Answer to the allegations in that Petition.
Do you think she will file it? Nope.
MM also states: She is requested to file her updated Financial Affidavit, Proposed Parenting Plan, and Pretrial Statement in advance of the pretrial conference. She is reminded that when she files something with the court she is required by Rule to mail a copy to counsel for Mr. DH, and required to certify on the filing that she has done so.
Do you think she will do any of this? Nope.
And I hope it royally pisses the MM off.
Pretrial is set for 1/22, by which the GAL needs to have a preliminary report.
We also got the name of the GAL assigned to our case. I'll keep you posted on how that goes.
11/7 - another voice mail stating that she is sending back the confirmation.
11/8 - her 5 days are up, no confirmation!
11/12 - still no confirmation, we book the flight. Since she has dragged this whole thing on for so long, the original flight on the 23rd is no longer available. So we can either have the boys fly at 6 am or the night before, either way they will miss school on the 23rd. So we opt for the evening of the 22nd. The return flight for SS2 was cheaper on 1/2 than it was for the original date of 1/4, and since she is getting an extra day on the 22nd, we opted for SS2 coming back 1/2. She's gonna bitch, but she had her opportunity to respond and she chose not to. So, in less than 15 days from the hearing, we already get to test out our order ; )
We'll be sending her the flight info tomorrow, I can just imagine the voice mails we'll get. The beauty of Midwest Airlines, though, is only the person purchasing the ticket can make changes. So she'll either have to send us the $ upfront, or purchase her own ticket if she wants to mess around with any dates. Thankfully, Midwest does not just automatically charge the purchasing credit card when changes are made, which was my fear. They do, however, have a stupid policy about not being able to pay the unaccompanied minor fee at the time of purchase. So, since SS2 will be flying as an unaccompanied minor on the way home, we have to send a check/money order written out to Midwest for BM to give to them before he boards.
Another interesting point about the unaccompanied minor issue is that only the purchaser can update the airline with the info for who is picking up/dropping off the child. The info must match the photo id of the person picking up/dropping off. Soooo, we have to get a copy of her DL to see what address she has listed. What do you want to bet it is still FormerHomeState? What do you bet she doesn't send us the info? SS2 will not be able to fly if she doesn't, so if we don't get it by the 22nd, he'll have to stay home. Do you think she'll push this envelope? - yup!
PS - the judge filed the order on 11/4, so even if we go by that date, she still did not make her 5 day deadline.
In his order, the MM states: The court assumes her objection to the Petition of Modification, but she will be required to file a written Answer to the allegations in that Petition.
Do you think she will file it? Nope.
MM also states: She is requested to file her updated Financial Affidavit, Proposed Parenting Plan, and Pretrial Statement in advance of the pretrial conference. She is reminded that when she files something with the court she is required by Rule to mail a copy to counsel for Mr. DH, and required to certify on the filing that she has done so.
Do you think she will do any of this? Nope.
And I hope it royally pisses the MM off.
Pretrial is set for 1/22, by which the GAL needs to have a preliminary report.
We also got the name of the GAL assigned to our case. I'll keep you posted on how that goes.
October 29, 2008
Oh, what a happy day!
TA DAH!
I'm back. We had a hearing today, hence the lack of blogging for about a month. Didn't want anything out there in the internet world, just in case.
The initial petition was filed to Register a Foreign Order. DH filed back in August, when we had concerns because she was threatening not to return SS2 from his summer visit. BM played the "the certified letter notices fell under my stairs" routine, so he had to have her personally served. Hearing was set for today. After SS2 came back, and we had to go through the drama regarding his medical care, DH decided enough was enough, and he filed a Petition to Determine Jurisdiction and Motion to Modify Court Order, along with a revised proposal for a parenting plan. He may not get everything he asked for, but he figured if he is going back to court, he might as well try.
So today we had no idea what the marital master (MM) was going to address. The clerk had told us that he would only hear issues regarding registering the order. We also did not know if BM would be appearing as she never returned the Notice of Appearance that she was served.
We show up to court today, and sure enough, she is appearing on the phone. The MM enters, swears everyone in, and off we go.
1) The first thing he addressed was jurisdiction (so glad DH filed that : ).
MM asks BM if she was in agreement that the boys had lived in OurNewState since May of 2007. She started venting about how HerNewState should have jurisdiction, and that she was in the process of trying to get that. So the MM asked her again, Ms. BM, do you agree... Finally she said yes. He asked her if there were any pending hearings in any state. She goes on again about how she was planning to get HerNewState to take jurisdiction. Again, he asks her if anything is pending, she says no.
MM asks her if she in fact moved to HerNewState at the beginning of 2008. Again she vents about how HerNewState should have jurisdiction. So the MM asked her again, Ms. BM, do you agree that you moved at the beginning of 2008... Finally she said yes...and then vents some more. MM explained to her that only OurNewState or FormerHomeState could possibly have jurisdiction. There are no circumstances where her state could claim jurisdiction. MM determines that OurNewState has jurisdiction. STRIKE ONE!
2) MM registered the order.
3) MM assigned a GAL. Total surprise at first, since we did not request it, but thinking about what we had asked for in the Motion to Modify Court Order (including her not slapping SS1 in the face as discipline and calling the police before giving DH a chance to get him home), it appears that MM read between the lines and understands how involved this situation is. Then BM acts all happy, and states that "all I wanted was a GAL", as if it was her idea. STRIKE TWO!
(She has no idea how horrendous this will be for her. Not only are we looking forward to her rambling on with accusations that don't make any sense to any rational person, we are so looking forward to speaking to the GAL ourselves and showing our documentation, as well as having the GAL speak to the boys. While we are aware that some GAL's just don't get it in custody cases where primary custody is being determined, chances are very slim that the GAL is not going to be able to see what is going on, since DH has had custody for over 8 years now and she is still acting the same way she always has, and we are sure that just as the MM has concerns about the case, the GAL will as well. Of course we will be stuck with the bill, since she is never responsible for anything, but the joy of us reading the report will be worth every penny.)
3) After ordering the GAL, MM asked if there were any other motions he should be addressing. We had a feeling that MM would not be addressing our Motion to Modify a Court order at this hearing, so our attorney presented a Temporary Order as follows:
Transportation arrangements for the children between the parents shall be as follows: DH will notify BM in writing the dates of the children's winter and summer vacations at least 45 days prior to the first day of each vacation. BM shall respond in writing within five days indicating the days she would like the children to travel to and from her residence, and DH shall make airline reservations for the children which conform to BM's request as nearly as possible. If no response is received within five days, DH shall select the dates the children will travel and purchase appropriate airplane tickets. If BM seeks to change travel times/dates selected through either method, she shall be responsible for all costs associated with said changes. If changes to the travel schedule are required due to inclement weather, both parties shall seek to cause the children to travel earlier than later, in order to reduce the chance of the children being required to wait at an airport for extended periods of time.
In order for SS1 to be able to drive while visiting BM, BM must insure SS2 on her own policy.
MM asks BM if she has any objections to the order and she says no! STRIKE THREE! What the heck??? That is all we asked for this summer, but it was too much for her to agree to. Are you kidding me? She's trying to look like the "cooperative" one, but voicemails don't lie! The driving thing we threw in because there is no way we are paying to have her car fixed with her lack of supervision. Plus our concern is that she could get in a wreck while SS1 was there and say he was driving. Who would the insurance company believe? Her or a 16 year old new driver?
4) MM asks if there are any other motions to be considered. BM pipes up and goes on a 6-7 minute tirade about me!!! How I send her harassing letters, how DH has to ask me if any changes are made, rattles off several of her medical issues, how she offered to pay to change the flight and how his petition makes her look like she was not financially able to return the boys, how she hasn't wanted to, but she has had to show the kids court documentation to "defend herself", brings up the issue about HerNewState should be able to have jurisdiction because of her health issues, blah, blah, blah. Even though he didn't physically do it, I could see the MM mentally rolling his eyes. As she never took a breath during the whole 6-7 minute rant, he was unable to get a word in, even after several attempts. He finally flat out interrupted her and said, "These are all things you can discuss with the GAL." He was probably thanking his lucky stars he had just assigned a GAL. Our attorney stated to the MM that of course we had rebuttal statements for the allegations she was making, but that this was obviously not the time to bring them before the MM. I swear the MM smirked the smallest of smirks and stated that DH's right to rebuttal would be ensured. MM then closed the hearing and walked out. Oh, happy day!
What makes us overjoyed is that we are sure BM is sitting there already thining of all the things she is going to tell the GAL. She is going to be so worked up by the time she talks to the GAL she is going to come off as completely off her rocker. She can't help herself.
She is going to drag up things from 10 years ago, from even before their separation, that has nothing to do with the boys' welfare now. She can't help herself.
Just as she leaves messages contradicting herself all the time, she will be unable to have a conversation with the GAL without doing that. She can't help herself.
Just as she (usually) starts off a conversation calm, she works herself up to the point that she is screaming/crying/cursing by the end. She can't help herself.
Hope this GAL is ready - it is going to be quite a ride. Finally, someone to share the chaos with ; )
Pretrial Conference will be scheduled within 90 days, so shortly after Winter Break. Do you think she can be on her best behavior for the whole 12 days of their visit (I bet not!). By the conference the GAL's report should be done, and we'll see where we stand. It should all be sorted out by summer, and DH is seriously considering asking for the boys to only go out there for half of the summer, since both of them have complained about the whole summer thing in counseling. We'll see.
We're hoping things will continue to be quiet, as we haven't heard a peep from her since she was served, but old habits die hard, and I'm sure she'll have to vent to DH about something!
It will also be interesting to see how she handles this with the boys. We didn't say anything to them about going back to court, but after she was served, she felt the need to call the boys and tell them that DH was trying to kill her (you know, stress and all those medical conditions). The boys came out of their room pissed and let us know what she said. SS1 also said she wouldn't be able to send him the birthday money she promised him because she needed to get a lawyer (funny, she appeared pro se today), and didn't even send him a birthday card. SS2 told us that BM had interrogated him almost daily for the rest of the summer about whether he had told DH about the emergency room visit, and he was getting tired of having to lie and tell her no, because he just wanted the rest of the visit to go smooth. I am sure that she will not be able to go for any length of time without telling the boys about the GAL, and what things they should "remember" to tell the GAL. I'm sure that won't make the GAL happy and I know it won't make the boys happy to have to listen to her regurgitate every hateful thing she has ever said to them about DH.
Whew - that was a lot. I'll keep you posted on any new developments : )
I'm back. We had a hearing today, hence the lack of blogging for about a month. Didn't want anything out there in the internet world, just in case.
The initial petition was filed to Register a Foreign Order. DH filed back in August, when we had concerns because she was threatening not to return SS2 from his summer visit. BM played the "the certified letter notices fell under my stairs" routine, so he had to have her personally served. Hearing was set for today. After SS2 came back, and we had to go through the drama regarding his medical care, DH decided enough was enough, and he filed a Petition to Determine Jurisdiction and Motion to Modify Court Order, along with a revised proposal for a parenting plan. He may not get everything he asked for, but he figured if he is going back to court, he might as well try.
So today we had no idea what the marital master (MM) was going to address. The clerk had told us that he would only hear issues regarding registering the order. We also did not know if BM would be appearing as she never returned the Notice of Appearance that she was served.
We show up to court today, and sure enough, she is appearing on the phone. The MM enters, swears everyone in, and off we go.
1) The first thing he addressed was jurisdiction (so glad DH filed that : ).
MM asks BM if she was in agreement that the boys had lived in OurNewState since May of 2007. She started venting about how HerNewState should have jurisdiction, and that she was in the process of trying to get that. So the MM asked her again, Ms. BM, do you agree... Finally she said yes. He asked her if there were any pending hearings in any state. She goes on again about how she was planning to get HerNewState to take jurisdiction. Again, he asks her if anything is pending, she says no.
MM asks her if she in fact moved to HerNewState at the beginning of 2008. Again she vents about how HerNewState should have jurisdiction. So the MM asked her again, Ms. BM, do you agree that you moved at the beginning of 2008... Finally she said yes...and then vents some more. MM explained to her that only OurNewState or FormerHomeState could possibly have jurisdiction. There are no circumstances where her state could claim jurisdiction. MM determines that OurNewState has jurisdiction. STRIKE ONE!
2) MM registered the order.
3) MM assigned a GAL. Total surprise at first, since we did not request it, but thinking about what we had asked for in the Motion to Modify Court Order (including her not slapping SS1 in the face as discipline and calling the police before giving DH a chance to get him home), it appears that MM read between the lines and understands how involved this situation is. Then BM acts all happy, and states that "all I wanted was a GAL", as if it was her idea. STRIKE TWO!
(She has no idea how horrendous this will be for her. Not only are we looking forward to her rambling on with accusations that don't make any sense to any rational person, we are so looking forward to speaking to the GAL ourselves and showing our documentation, as well as having the GAL speak to the boys. While we are aware that some GAL's just don't get it in custody cases where primary custody is being determined, chances are very slim that the GAL is not going to be able to see what is going on, since DH has had custody for over 8 years now and she is still acting the same way she always has, and we are sure that just as the MM has concerns about the case, the GAL will as well. Of course we will be stuck with the bill, since she is never responsible for anything, but the joy of us reading the report will be worth every penny.)
3) After ordering the GAL, MM asked if there were any other motions he should be addressing. We had a feeling that MM would not be addressing our Motion to Modify a Court order at this hearing, so our attorney presented a Temporary Order as follows:
Transportation arrangements for the children between the parents shall be as follows: DH will notify BM in writing the dates of the children's winter and summer vacations at least 45 days prior to the first day of each vacation. BM shall respond in writing within five days indicating the days she would like the children to travel to and from her residence, and DH shall make airline reservations for the children which conform to BM's request as nearly as possible. If no response is received within five days, DH shall select the dates the children will travel and purchase appropriate airplane tickets. If BM seeks to change travel times/dates selected through either method, she shall be responsible for all costs associated with said changes. If changes to the travel schedule are required due to inclement weather, both parties shall seek to cause the children to travel earlier than later, in order to reduce the chance of the children being required to wait at an airport for extended periods of time.
In order for SS1 to be able to drive while visiting BM, BM must insure SS2 on her own policy.
MM asks BM if she has any objections to the order and she says no! STRIKE THREE! What the heck??? That is all we asked for this summer, but it was too much for her to agree to. Are you kidding me? She's trying to look like the "cooperative" one, but voicemails don't lie! The driving thing we threw in because there is no way we are paying to have her car fixed with her lack of supervision. Plus our concern is that she could get in a wreck while SS1 was there and say he was driving. Who would the insurance company believe? Her or a 16 year old new driver?
4) MM asks if there are any other motions to be considered. BM pipes up and goes on a 6-7 minute tirade about me!!! How I send her harassing letters, how DH has to ask me if any changes are made, rattles off several of her medical issues, how she offered to pay to change the flight and how his petition makes her look like she was not financially able to return the boys, how she hasn't wanted to, but she has had to show the kids court documentation to "defend herself", brings up the issue about HerNewState should be able to have jurisdiction because of her health issues, blah, blah, blah. Even though he didn't physically do it, I could see the MM mentally rolling his eyes. As she never took a breath during the whole 6-7 minute rant, he was unable to get a word in, even after several attempts. He finally flat out interrupted her and said, "These are all things you can discuss with the GAL." He was probably thanking his lucky stars he had just assigned a GAL. Our attorney stated to the MM that of course we had rebuttal statements for the allegations she was making, but that this was obviously not the time to bring them before the MM. I swear the MM smirked the smallest of smirks and stated that DH's right to rebuttal would be ensured. MM then closed the hearing and walked out. Oh, happy day!
What makes us overjoyed is that we are sure BM is sitting there already thining of all the things she is going to tell the GAL. She is going to be so worked up by the time she talks to the GAL she is going to come off as completely off her rocker. She can't help herself.
She is going to drag up things from 10 years ago, from even before their separation, that has nothing to do with the boys' welfare now. She can't help herself.
Just as she leaves messages contradicting herself all the time, she will be unable to have a conversation with the GAL without doing that. She can't help herself.
Just as she (usually) starts off a conversation calm, she works herself up to the point that she is screaming/crying/cursing by the end. She can't help herself.
Hope this GAL is ready - it is going to be quite a ride. Finally, someone to share the chaos with ; )
Pretrial Conference will be scheduled within 90 days, so shortly after Winter Break. Do you think she can be on her best behavior for the whole 12 days of their visit (I bet not!). By the conference the GAL's report should be done, and we'll see where we stand. It should all be sorted out by summer, and DH is seriously considering asking for the boys to only go out there for half of the summer, since both of them have complained about the whole summer thing in counseling. We'll see.
We're hoping things will continue to be quiet, as we haven't heard a peep from her since she was served, but old habits die hard, and I'm sure she'll have to vent to DH about something!
It will also be interesting to see how she handles this with the boys. We didn't say anything to them about going back to court, but after she was served, she felt the need to call the boys and tell them that DH was trying to kill her (you know, stress and all those medical conditions). The boys came out of their room pissed and let us know what she said. SS1 also said she wouldn't be able to send him the birthday money she promised him because she needed to get a lawyer (funny, she appeared pro se today), and didn't even send him a birthday card. SS2 told us that BM had interrogated him almost daily for the rest of the summer about whether he had told DH about the emergency room visit, and he was getting tired of having to lie and tell her no, because he just wanted the rest of the visit to go smooth. I am sure that she will not be able to go for any length of time without telling the boys about the GAL, and what things they should "remember" to tell the GAL. I'm sure that won't make the GAL happy and I know it won't make the boys happy to have to listen to her regurgitate every hateful thing she has ever said to them about DH.
Whew - that was a lot. I'll keep you posted on any new developments : )
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