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We are back and other updates

justmakingthebest's picture

Welp, since SS15 didn't show up, we decided to take that trip. We had an absolute blast! We ate, we drank, we had lots of sexy time! It was just fantastic. DH only brought SS up once and it was a passing remark that didn't even need a follow up. He basically didn't spend his time obsessing either. 

We talked to our lawyer last Monday. He has us file with the police for Custodial Interference. The sheriff we spoke with was super nice, been there done that himself. He is also retired military so he was a little extra helpful for us, it felt like at least. It goes to the DA from there and up to the city if they press charges on BM but the sheriff and the lawyer said it will help our contempt case to have this also pending. 

We did not send a single present to SS for Christmas. Instead... we bought a hot tub for the new house!! I am so excited!! 

Other than that, just waiting on the new contempt hearing in which we are filing for:

  1. Spring break failure to send (asking for decision to be made- previously reserved judgment to see if she would behave)
  2. Summer failure to send (asking for decision to be made)
  3. Christmas failure to send
  4. Failure to provide proof of income (also subpoenaing her taxes and bank statements)
  5. Failure to follow weekly communication guidelines
  6. Failure to disclose medical information (SS is currently on antibiotics for something and we weren't told)
  7. Failure to disclose that SS was searched at school for suspicion of a vape (none was found)

We shall see what happens. BM apparently took a video of her saying to SS that he has to go to his dad. SS refused and said that his dad left 8 years ago and never cared about him until we got married. That JMTB is the one who wants him not his father. 

I can not LOL at this enough. First- BM left DH 6.5 yrs ago. Up until 5 year ago, a few weeks before we started dating, they were still sleeping together. He never signed anything that she wanted for divorce specifically because of the visitation she was trying to pull (all at her desecration and she got full custody not joint). This kid is so beyond mind f**ked it isn't even funny. 

Yes, I know we need to give up and just stop but until we get last order that her attorney jacked up fixed, we just can't. We aren't going out for this hearing. The lawyer is going to do teleconference again. It is pretty straight forward. The judge told her that she needed to be the parent and put him on the plane. He told SS that he isn't an adult and the choice isn't his. The GAL said that he doubts BM has any parental control and that if BM couldn't enforce visitation it proves that and the courts should reexamine where SS is living if his mother can't control him. 

So, we shall she where it goes from here... 

Comments

tog redux's picture

So the GAL still doesn't understand that it's actually alienation and not BM "not having parental control", I see.

Anyway, glad you had a good vacation! 

justmakingthebest's picture

Part of me thinks that the GAL knows exactly what is going on but also knows that in Podunk it is easier to prove that a parent "can't" properly parent than try and take it to the psychological standpoint of PAS. 

momjeans's picture

Sounds like a blessing in disguise to me. Happy to hear you two enjoyed your trip! 

Winterglow's picture

PLEASE tell me that you utterly swamped all of your social media accounts with photos of how great a time you were having! When you're having fun you really have to share it with the rest of the world (especially skids Smile )!

justmakingthebest's picture

I have all of them blocked on all social media, but I did post a little jab about having some free time and not wanting to "waste" our time off- just in case, with lots of smoochy pictures of DH and I!!

However, I plan on SS19 posting about the new Hot Tub once we get it installed in a couple of weeks. The SS's are still "friends" on social media but OSS never gets on it.  Apparently along with a cruise (which DH and I have done 2X together now), BM always wanted a hot tub. HA! 

thinkthrice's picture

I love our hot tub!  if you don't have a pool, they can become a "cool" tub as well in the summer!  So since she has no parental control and SS is ripe for rebellion, then it should be a constructive emancipation by conduct and all CS should stop.

justmakingthebest's picture

If we do not win at contempt we are going to request he be emancipated. Apparently he has been telling people that he wants to be, so as long as we can get him to say it in court along with the fact that he has a job, we do feel like that it is an option. 

tog redux's picture

Look up if it's even an option in her state - and it involves a trial, not just a judge's ruling (at least here).  I wouldn't bother trying to do it, just pay out the CS. 

Thumper's picture

The GAL said that he doubts BM has any parental control and that if BM couldn't enforce visitation it proves that and the courts should reexamine where SS is living if his mother can't control him. 

Justmaking--glad you had a nice Christmas Smile

Your gal,  is acting outside the scope of GAL guidelines. 

Proper reporting may look OR sound  like:

Child continues to refuse to visit with father in spite of repeated attempts by father.. Child reports to this GAL he does not want to XYZ. GAL prays to the court to involve a child psychologist with background in the distinct pathology of alienation to rule out or confirm. Below GAL has provided 3 providers for this courts to consider.

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 Saying it's Proof is irresponsible of your gal. It doesnt prove anything.