Looking Forward

Making a better life for me and my kids

Archive for the tag “hearing”

Hangman

First of all, thank you all for the positive thoughts this morning!

At the beginning of this mess with X, 3 years ago, I read as much as I could to A. Try to understand what I was dealing with and B. To learn HOW to deal with him without going crazy. 

A. My ex husband has behaviors similar to that of someone with a narcissistic personality disorder. 

B. You can’t deal with him. Your best bet is to get as far away as possible. 

During this time I felt very defeated. I couldn’t get away from him, I had kids with him. However, I got two pieces of advice that have proven to be extremely useful. 

1. Give him enough rope, he’ll hang himself.

2. The more professionals you can put between yourself and him, the better. 

Today in court, both of those things happened. The judge we saw was really just supposed to determine if the kids would be speaking in court or not, as X had put them on a witness list. My lawyer said that they were both heavily influenced by dad and that there would be a lot of pressure on them. X said that’s not true because he doesn’t even get to see his younger son. He went on to talk and talk and talk. He talked about how its “A’s preference to have his residence be with me. He doesn’t want a schedule change.” I said that I was asking for more time during the week. I’ve been missing all of A’s school stuff. I was going to ask for a week on and a week off.” The judge asked X, “So why would a week on week off schedule not work?” X said, “A doesn’t want a schedule change.” The judge asked where we lived, where A went to school, if he was in after school activities. Then he asked X again, “Why wouldn’t a 50/50 split work?” And X said again, “A doesn’t want a schedule change. He wants me to be his primary residence.” 

Then motion to enforce came up. My lawyer said that she’d submitted a motion to consolidate that with ALL the other stuff in question. The judge said that it was abundantly clear that a consolidation would be for the best. X did not like this. He started whining about how its been “Four months since his filed this motion! He shouldn’t have to wait another 2-3 months for a resolution!” The judge got pissy “I AM WELL AWARE OF HOW THIS WORKS” he said. He went on to explain to X that, “you went to law school, you know how this works. The burden of proof is on you, you’ll have to prove that she is willfully violating the order and has reasonable ability to be following the order. THEN she well have a chance to respond, and explain WHY it is that she’s not following the order. THEN its the courts job to be wise, compassionate, and work for the best interest of the children. If, and I’m not saying this is you (he was speaking to X still) if a kid comes in here and tells me that daddy is  a drunk and smacks him around and he won’t go back, then I’m not going to enforce the order that says he has to go.” Then he said to X, “So if D comes in here and tells me that he doesn’t want to go to your house and see you, then its likely that I won’t make him. I’m sure that’s hard for you to hear, but that’s how it is. It seems that the kids coming to court is likely not going to work out very good for him (he points to X) and probably better for you” (he looked at me and my lawyer). X said, “well if that’s what D says, then that’s fine.”

We’d been in front of him for what seemed like forever when he said “We’ve been at this for 10 minutes now, and I’ve really been trying to get some thing, anything resolved, and we’re getting NOWHERE. At all. So, I see no way that we’ll be able to resolve the issue of enforcement in the hour that’s scheduled.” X continued to argue about this. The judge then asked him, “How long do you think it would take you to present your whole side of this enforcement issue? You’d only have 30 minutes.” X replied “20 minutes.” The judge was exhausted, and leaned back in his chair. He asked my lawyer, “How long would it take you to present your side of things?” She replied “At least 2 hours.” The judge said he was going to try to find the motion to consolidate that our lawyer had submitted (it was not in our file) and he’d make a decision by the end of the day. But, not to be deterred, X kept talking. He kept standing and saying “one last thing.” “just one more issue.” My lawyer and I were quiet. The judge kept saying he had other cases to hear, he didn’t have time to get into all of this.

So, while it appears that the kids will have to go to court with us, and give their two cents, it does sound like what they say will be taken seriously – so that’s good. 

It’s also good that the judge we saw today will be the same judge we have for our trial. X did not score any points with him today. The bad news, however, is that there are only 4-5 available dates in November and 4-5 dates available in December. It’s likely that we won’t be heard until January. 

Just have to keep reminding myself, this won’t last forever. 

Court date and its GO TIME!

I filed my court papers on December 21st. The man told me that it would be about two weeks, and I’d get a letter in the mail with our case management hearing date. 

I waited three weeks for good measure, considering holidays and all, and then I started calling. I had to leave two messages, but someone called me back yesterday. 

February 7th at 2:30 pm. 

Phew. Ok. I put it on the calendar. 

My letter came in the mail last night confirming what the lady on the phone told me. This means that X’s letter came last night to. To his parents house. I didn’t assume they’d let him know so quickly, but apparently they did. Here the conversation between him and A last night. 

  • Dad
    hey bud
     
  • A
    Hi
     
  • Dad 
    Not sure why, but I got a call from clay today saying that I am heading back to court
     
  • A
    Why…n
     
  • Dad
    good question…
    might be go time my man lol
     
  • A
    Oh
     
  • Dad
    just thought I would give you the heads up cause I do believe that there are many things that need to be dealt with now/
     
  • A
    I see
     
  • Dad
    Just remember that I do love you
    pretty good game this weekend too huh 
     
  • A
    Haha ya
     
  • Dad
    Alright I need to get back at it, will you be on later?
     
  • A
    Yeah probably
There are a couple of things I want to point out here, besides the obvious amount of WRONG that is talking to your kid about court, or insinuating that he’s going to destroy me in court.
X initiated this conversation. He is looking to his son for support here. He wants to suck him in and have him be disgusted and angry. I am happy that A didn’t fall for that. I know that one word answers mean that he doesn’t want to talk and he’s just being polite. I also know that when he has an opinion about something, he is like me, he won’t shut up. I don’t like that he’s trying to get my kid to be part of this, but I am happy that nothing came of it.
I’ll also note that X didn’t answer A’s question about why we’re going back to court. X pretends he doesn’t know. But he does. He was served. Twice
I guess he must have thought that his attempt at bullying and intimidation worked, and that I wasn’t going to actually file the court forms. I should have been fearful of him being “legally aggressive”. And since I wasn’t afraid, I guess its “Go Time”. Whatever that really means. 
 
After a deep breath and thinking logically about this process – here is what happens now.
1. He may or may not file an answer to my request for modification. 
2. We will attend a case management hearing. We will be asked about the items to be modified. We will be asked if we’ve come to an agreement. The judge will attempt to discuss any answer he may submit refuting the idea of a modification. Regardless, he will be ordered to pay child support.
3. We will be ordered to mediation. 
4. I will be requesting separate rooms. I will not be in any enclosed space with him. 
5. We will agree. Or we will not agree. 
6. Another case management hearing to discuss whether or not we have come to an agreement. If not, the judge will schedule a hearing for us.
7. I will hire a lawyer. 
8. A judge will decide for us what we could not agree upon for ourselves. 
 
There is no room in that list of events for “Go Time” or for him to be “Legally Aggressive.” I filed papers, I am the one requesting a modification. He can either agree, or not. If he wants something else, if he wants his OWN modification, then he needs to file his own paperwork. How does he not know this? If I had a dollar for every time I asked that, he wouldn’t have to pay child support, I’d be RICH! 
 

Post Navigation

Design a site like this with WordPress.com
Get started