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Court Day!

justmakingthebest's picture

**** UPDATE

Nothing. The other lawyer convinced the judge there was a lot to talk about and we shouldn't do this today. Our attorney argued that we had a special hearing scheduled for this purpose and we were prepared. The judge decided to kick the can down the road until JULY 19th. 

DH wont likely be able to make it. Our attorney wants me to fly out without him to go on the stand in person. We are also going to try and get a change of venue and a new judge. This was a continuation of a continuation of a continuation. 3 years and no final ruling. 

DH did get to see SS. DH broke down crying. SS did say he loved him and gave him a hug. BM was out with her attorney when that happened and was PISSED.

I still cant believe this happened.  Yes, yes I can. I have never cried so hard in public in my life. ****

 

 

 

We made it. Despite devastating flooding, tornadoes and evacuations court is on! One hour from now the sh!t starts!

Please pray for us. Pray that BM is actually found guilty of contempt AND responsible financially. Pray that we can put an official end to Alimony (dh over paid by 5k but BMs lawyer kept arguing we still owed more. Our Lawyer got it stopped but nothing officially on record). Pray that we get at least the standard visitation that DH has spent 6 yrs fighting for but a custody flip would probably be the only thing that  gives DH and SS a fighting chance at a real relationship again. And finally pray that the judge doesn't buy into BM's BS.

I will update on this thread as we find out more. Thank you for all the support I have had here!! You ladies and gentlemen have been my sanity on more than one occasion!

Comments

ProbablyAlreadyInsane's picture

Good luck!!! I hope court turns out well for you and your DH! This whole thing has been a LONG journey for you both!!!

bananaseedo's picture

Oh it's the day!  So praying for everything to FINALLY go as it should and that the judge/courts have clarity to see through all the disaster this monster has put you through.   Please universe, don't let it be 'another contempt' slap on the wrist this time.  Enough is enough...you guys have been through SO much already. 

Really hoping this goes your way....and if the world continues to be crappy and it doesn't- that your dh has the peace of mind necessary and comfort in his heart to let down the ropes and go on to live his life.  I've been thinking of you and this day.  Best of luck!!!

 

SonOfABrisketMaker's picture

for you and your DH. I hope it all goes your way!

LuluOnce's picture

Oh yay us. We're court twins. Ours starts a couple hours from now. Sending you all the best thoughts and praying for a successful outcome that gives you peace and satisfaction!! Good luck!

ndc's picture

Best of luck! I know you guys have been screwed over and over in this court; I hope the cycle is broken today.

CLove's picture

Keep us posted!

still learning's picture

Wishing the best for both of you. I commend you for sticking with it, I know how exhausting the process can be.  She is blatently guilty of contempt.  

Notup4it's picture

I’m really sad to say it, but I deep down fully expected that to be the outcome- it was the same thing that happened to us (DH) over and over and over!!!  July will come and they will listen to both sides and then set some sort of a 50k 5 day trial for 6 months to a year down the road next.... possibly.  But even more likely they will listen, give a couple orders (maybe), possibly give BM a bit of a lecture and then tell you to come back in another 6 months to see how it is going.... rinse and repeat.

The courts are fully useless.  They love that you spend your money on lawyers and court costs for the day to accomplish NOTHING.  We went through this over and over- they will let the BM delay until the kid is an adult (which isn’t very far off).  It is a cash grab and they have zero morals when it comes to actual complicated cases or cases of alienation. Court works great when both parents are at least somewhat agreeable or at least listens to orders, etc- but otherwise they are absolutely useless.  It is disgusting that they pretty much allow local kidnapping. 

Notup4it's picture

I was waiting to see what would happen- it would have given a renewed sense of hope. We threw in the towel last year, with VERY heavy hearts after over half a decade of the back and forth like this in court.  

The kids know we fight for them, and I think that is all you can really do.  Although they think when you are “fighting” that it just to ruin their and their mother’s lives because you don’t want to see them happy- everything is skewed to them.  

We wont be going back in June like we thought now.  And I don’t think people really understand that in these situations that are really impossible it isn’t like court tv- the outcomes aren’t usually good (or well, just nothing happens). People will say keep fighting- but I don’t think they realize that there is only SO much money available to fight with, and that it is hard to keep going when the kid themselves are fighting alongside the other parent.  It all hurts so bad, and it is all so unnecessary. 

advice.only2's picture

Totally agree! We had a slam dunk case closed against Meth Mouth, and yet the judge kept telling DH "come back in three months to evaluate the situation." When DH's lawyer stated that this was causing issues with DH's work the judge looked at DH and said flatout "well that's your problem, you will be here in 3 months."
It's all about the money, the don't give a rats ass about the kid, or what a toxic parent is doing to that kid!

SteppedOut's picture

Girl, I'm sorry. 

I have been following your traumatic story unfold for awhile now. I know at one point y'all were ready to throw the towel (a long time ago!) because you were getting nowhere fast. 

IMHO, if dh/you do not succeed in getting a venue change and new judge... it may be time to stop throwing money in the wind. 

Again, I am really sorry. I know y'all are trying to do what is best for him... but, it's just not working ans you are sacrificing A LOT. 

bananaseedo's picture

I'm speechless and hearbroken for OP and her DH....but honestly- he needs to go ahead and drop this- changing venue/judges will only further delay and add more $ to be spent and more continuances to be filed and will continue.

I would have stopped the fight long ago-it's NOT worth your happiness, financial destruction and normality.  99pct of the time they won't win.  I would STRONGLY advise against going yourself...for your own dh's well-being I'd demand you BOTH be done and let SS come around after 18 if he chooses to.  Go and live your lives...the courts won, BM won, the attorney's family/kids won (likely your dh alone paid for their college educations), DH and SS lose but changing venues/judges will probably with 99pct certainty NOT change the outcome-just where the funneling of wasted time/money goes.

Notup4it's picture

That is our case- DH still OWES his lawyer about 40k (on top of already paying her outright much more than that!!).... she bankrolled him to keep going with it.  He was at the verge of giving up about a year before that 40k accumulated and the lawyer GUILTED him- saying that he couldn’t give up on his kids now and what if it just takes a little bit more to fix this, how could he give up,  etc.. (this was after already fighting like crazy and getting nowhere for years!),  

Well, bottom line the lawyer kept going until she knew she had used up ALL of his extra equity that they now have sitting in a trust fund from the sale of the house (which was delayed by almost 5 years because BM went back on the original agreement where he generously allowed her to stay for 4 years extra prior to that!!!!)..... and the funds have STIlL not been divided because now BM disagrees with ALL prior rulings.  

The lawyer said she was devastated for DH and that she has never seen anything go like this.... ya ok, say that AFTER you get every last dime of his.  I’m sure she knew exactly how it would go, and now her mortgage is probably paid off for accomplishing NOTHING. 

bananaseedo's picture

Yep, this- I feel bad for guys that get into these loosing battles.  Not worth it.

bananaseedo's picture

Asides from my opinion above, agree...sending you a gigantic virtual hug...I'm so sorry!!! For all of you! 

tog redux's picture

The best part is that SS saw him, gave him a hug and told him he loved him - now you know. This is an alienated kid, under pressure from BM, who loves his father no matter what bullshit he puts in his texts.

Hang on to that. That's the real SS and he's in there. 

justmakingthebest's picture

I have done far too much day drinking for this comment. You made me and my MIL cry like babies. Thank you Tog you are right!

tog redux's picture

Seriously - been there and done that - and we just spent a day with my SS this week.  He is figuring out what happened to him and reconnecting with DH.  And DH stopped the court battle when he was alienated, as hard as it was to do. 

This was a huge gift amongst all the shit that got shoveled your DH's way.  SS found a moment free from his captor to let DH know he still loves him.  Huge.

Willow2010's picture

I am just flabbergasted.  What does your lawyer say?!  This is totally unacceptable.  Did the lawyer tell the stupid judge that he has not be able to communicate with his child for months and that yall made a special trip for this?  I just don’t see how this happened.  I am so sorry.  What a mess. 

bananaseedo's picture

Right? If he were a good lawyer he would have put an end to that nonsense then and there and demanded they proceed by showing gal report, telling of how many months they've been no contact.  I think they all 3 are bankrolling your dh...and then throw a shred of hope with a 'July' date.  Which you KNOW is just another delay tactic to come.

justmakingthebest's picture

Our lawyer tried. He flat out said he wasn't hearing any of it. We are trying for a new judge and jurisdiction. 

thinkthrice's picture

makes money by endless delays.  Now if the shoe had been on the other foot, they would have thrown DH into the slammer for contempt many moons ago sad to say.  There is totally a double standard.

Notup4it's picture

I just said to DH the other day.... how come there is a national enforcement agency for child support/alimony payments to make sure those court orders are being upheld but then there isn’t one for visitation orders?!?  Why can’t there be an agency that deals with these habitual offenders?!  

 

bananaseedo's picture

Because there's no money to be made/had there....or do you expect them to care about the child's emotional well-being as well as their financial?  lol   It's corrupt...totally corrupt.  The more I learn, the more I realize parents divorcing should just come up w/their own damn agreements and keep the damn courts/state/agencies out of their lives and their children lives..more harm then good.

I think if that happened you would find parents MUCH more willing to work w/eachother, seeing the kids, helping the kids out financially, less animosity and resentment.  

advice.only2's picture

THIS! The courts don't care if a person bankrupts themself trying to see their kids. I don't forsee a change of venue or a change of the judge, this was just a carrot that was offered today to give the DH hope. Come July it will be "sorry no change of venue, and no change of judge, but today they will address the issue of back spousal support." Again throwing the DH another carrot so he keeps coming back. My DH and I went through this with the court system for 7 long ass dragged out years!

NoWireCoatHangarsEVER's picture

Did he let the judge know that 1) this has been continued 3 times before

2) your husband is in the military and has to deploy

3) there is extensive travel and costs associated with this continuations

4) BM's lawyer never did what the judge asked of him from over a year ago and your DH hasn't been able to see his child coming up on a year soon.

I'm pissed for you.  I am.  Someone needs to disbar Bm's lawyer. 

ksmom14's picture

I feel like maybe you should consider going to a new lawyer...this one doesn't seem to be fighting very hard for y'all.

Didn't this lawyer push for the writ but then when it came time to actually enforce it decided it wouldn't be a good idea after all???

ndc's picture

I'm so sorry this happened, but to be honest, it's better than I expected.  I figured the judge would rule totally against your husband, like he does every single time.  A delay is marginally better than that, except that it keeps you waiting and not knowing whether to drop the rope or not.  I hope you catch a break and get a new venue and a new judge.

notsofast's picture

At a certain point you have to let things go.  Love the child enough to not be part of the tug of war that BM is trying to create.  The court system doesn't help.  We spent thousands upon thousands to no avail. 

Go live your lives.  Set an example of healthy adults living your lives.  This happened to us at exactly the same age as your SS.  My DH stayed in contact and saw him a few times a year.  When CS ended (a couple of days later, actually, it was that abrupt) suddenly all the "your father wants to kidnap you" parrotted by SS as "I am afraid you want to kidnap me" and the "My mother needs me, I am all she has" and the "I want to be with my mother" became "A boy needs his father" and "Your father has always loved you" from BM.  Literally within a couple of days of her last CS check, she asked if he could move in with us.  And then, she disappeared to go run off with men and couch surf... yet again leaving SS to deal with the side effects of her chaos and dysfunction.

So, basically, I am saying when BM is done using him for her own needs - financial, emotional, hypochondria, whatever - the real SS gets to come back.  It's horrible.  But in these cases where the courts won't listen, continuing to fight just puts the child in the middle.

I have another child in my life (distant relative) who was in a tug of war situation recently between two parents.  This child came to me when SS was present, crying.  I told her that it is not fair to put her in the middle of a tug of war between two parents and that I would speak to the parent I have a good relationship with about it.  SS got teary when we all talked about it and encouraged my distant relative to not choose sides because she can love both parents.

They aren't necessarily bad kids from the start.  But they are put in bad situations and often make bad and hurtful choices.

 

justmakingthebest's picture

I am sorry I cant respond individually.  We are still in this vicious cycle of just trying ti end this case. The judge did state that current orders stand. We do get SS starting the beginning of July and based on BMs current responses, we will be able to add a 2nd contempt charge before the next hearing. 

I dont knkw which way is up. I dont know what is the right answer. 

bananaseedo's picture

Is he supposed to come up before the court date?  If he does come up- maybe then I would attend it because it shows me that the kid is interested in a relationship whis dad.  If he doesn't show up it's another contempt that come court date will be a slap on the wrist, another delay or swept under the rug.  It also means she will continue to defy current orders and shows you that the legal battle will just continue no end in sight.  Maybe go by that.  

If he's a no show-just drop the tug of war as suggested and go live your lives.  It won't change. 

 

LuluOnce's picture

I am so sorry OP. This endless loop of court dates is stressful in the simplest of cases, let alone adding delays and out of state arrangements and almost zero contact from the son. I have no words of advice or wisdom. Just sending you a big hug because this is really, really hard.

still learning's picture

If DH is not able to attend the next court date due to work he should file a continuance so he can attend the next hearing either in person or via video conference.  I may be the lone person here but I think DH should march forward with this. BM now has a history of contempt and custodial interference on a standing order (the judges words). The order is being enforced and she needs to follow it. If she is found to be in contempt again it will p*ss the judge off. Switching judges may do no good and just put DH back at ground zero.  Continuances are unfortunately normal and a part of the judicial system.  

DH is going to be dealing with BM and court for YEARS to come since ss is only 14.  I guarantee that this will not be the last time DH is summoned for some legal/modification/child support increase issue. It would be better for him to have a toe in the game than being shut out and letting her run the show.  He should keep his lawyer and keep moving forward. It's expensive yes and it's emotionally exhausting, but this is the game she is playing and DH is part of it whether he likes it or not.  ss is an unfortunate pawn in this game and obviously loves his father.  

I personally know how slow the court system is. On my part will be over a year and 15k + of dealing with exH for a modification. Stalling, delays, stonewalling on his part and having the lawyers communicate is ridiculous and expensive. Luckily we are almost wrapped up! 

DPW's picture

Wow. Heavy. 

I am so pissed off for you and your family, including SS. And they wonder why people lose faith in the family court system...

I am happy, however, that DH got to have that moment with SS. This gives me some hope. I think if you could get a chunk of time with SS on his own, there may be some repair done to DH and SS' relationship. I think if I was in your situation, I'd fight just a little longer and see what happens. Like someone else mentioned, you have some good evidence of her not following court orders, GAL on your side, character witnesses, etc... I really think you have a strong case. Fight just a bit longer. If it helps, put either a dollar limit on it (until $XX,XXX) or a time limit on it (by end of Dec 2019) for your own peace of mind and to perhaps give you some stamina to go for her jugular.