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I <3 Surprise Court Dates!

LuluOnce's picture

This is likely to be a nonsensical, rambling vent. But there's no place else to put this, especially at 8AM the day before Thanksgiving. 

Yesterday morning, we received notice from BM's lawyer that DH needed to be at court today because BM is filing for an ex parte hearing. (Not sure how it works for everyone else, but in California, ex parte hearings are supposed to be for immediate danger to people or property and/or children being taken out of the state.) When the attorney's office called yesterday, they refused to give us the grounds on which BM was filing. They had until 4:30PM to get us that information, for the hearing which will happen at 8:30AM today. We received BM's filing yesterday at a hair past 4:30PM.

Wow.

She is filing this "emergency" hearing because DH has "unilaterally cut her from her children's lives". Let's discuss!

1) Statement: DH has refused to allow BM visitation. BM requests visitation resume with GBM as the supervisor. 

Background: BM has supervised visitation. This was assigned because she has a very serious mental illness which she does not consistently treat. At the last court date, BM argued for, and my DH did not challenge (grrr) GBM being BM's supervisor. While not ideal (in my opinion) this worked fine until the last visit, around 11/1, where GBM got tired of supervising and sat in her car during a visit leaving OSD13, YSDnow9, and BM to have words about the rules of supervision and how uncomfortable OSD was with GBM sitting in the car. BM ignored her. OSD told DH and DH emailed BM stating they need to move to a professional supervisor and requested she contact one as soon as she was able so she did not lose any visitation time, but that neither he nor OSD was comfortable using GBM at this time. BM said no and she'd take us to court (in an email).

Favorite part of filing: BM acknowledges that GBM absolutely went and sat in the car, acknowledges OSD was upset, but states she felt her actions were reasonable because BM is safe and healthy now and "OSD babysits YSD at DH's house so BM sees no issue with OSD being alone with her and YSD during the visit". Direct quote. BM states her mental health is demonstrated by the fact that she is working two jobs and has gotten a trade license recently. She then states DH wants her to use professional supervision (so... he's not denying visitation then???) but claims she cannot a professional supervision whatsoever. 

2) Statement: DH has refused to continue with reunification therapy. BM demands that as specific reunification supervisor be used for reunification therapy. 

Background: In May, CO was entered that BM needed to attend reunification therapy with children and father had final approval of counselor. Children had four visits with counselor in five months and not one was with BM. When DH pressed for more progress, counselor said, "BM isn't ready and had to work through her personal issues first". BM has two other therapists so we thought that is what counselor was referring to. Nope. Turns out BM was using the reunification counselor as her personal counselor and this counselor began contacting DH asking for increased visitation on BM's behalf, writing emails and texts for BM (which counselor admitted to doing) and at no point did counselor begin any sessions with BM and kids for reunification from June 1 to Oct 28, over five months. DH discontinued sessions with this counselor citing that counselor was working as BM's personal therapist, which was fine, but that it was not longer appropriate for them to pursue reunification therapy through her. Over the last month, DH has sent multiple emails to BM with a list of three alternate counselors he had called and they could use so that reunification therapy could continue as quickly as possible. BM does not include these emails in her filing and ignores he even did this. DH's response includes the emails. 

Favorite part of filing: BM and states that counselor is only for reunification therapy and has never served as her personal therapist, and if she has, it was all moving towards reunification because she needs to work through her own issues to "help the girls". (BM fails to mention her two other therapists at this point). Said counselor submitted a letter stating that, "Yes, she (counselor) did begin to contact DH on BM's behalf but that was 'to ease tension' between the parents" and she "regrets that decision now and could see how father thought she was acting as a liaison on mother's behalf but that is most definitely not the case as [she] has her primary focus as always and only been on reunification. than a reunification therapist  BM then goes on to state that she has been seeing the reunification counselor for individual therapy WEEKLY and is doing so presently. 

Bonus favorite part: BM demands DH also attend reunification therapy with the children and this counselor because they need it. 

Everything Else

The brief is lengthy, because BM has a lot to say about DH -- he is brain washing the children and engaging in "psychological warfare" and she has done everything necessary to prove she is mentally healthy and he keeps stopping her from having a relationship with the children -- all delightful fabrications and completely untrue. (One part of the CO says she needs to submit compelling evidence she's been medically compliant for one year. 1) It's been 6 months and 2) the only "compelling evidence" she has submitted is a letter saying she's kept all her appointments except for two, and she "is medically compliant as indicated by her good mood". Yes folks, you know when a schizophrenic person is taking their meds because for the one hour a month you see them, they are in a good mood! How much more compelling can you get, really?) There's also complaints that "DH asked her for money". Umm, that's the money she owes for her half of medical expenses which she hasn't paid since May.

My real frustration is how shady she's been with her therapists. Since this happened last October, she has changed therapists 3 or 4 times. She doesn't provide any notification to DH. She just switches therapists. Or, still kind of goes to one, but starts really seeing the other and doesn't tell DH. We find out when she files for a modification and lo and behold, there's a new note from a new therapist saying how great she is! BM also doesn't transfer any of her medical records, a fact that came out in court last time. So each new therapist is writing a letter of recommendation based off what BM told them has happened, not what's actually happened. She's gotten caught in the past because the social worker at the last family court session called her therapists to discuss her progress and when they whole story came out, the therapists confessed they did not have any of the information about BM's psychosis or schrizoaffective disorder and only knew she was bipolar. So she's revealing half-truths about her mental illness and not discussing the full spectrum of issues. And she has a bunch of letters again this time, all saying how much progress she is made, how she is clearly understanding her impact on the children and can empathize with what they have experienced from being present at her last "manic episode" (please notice they say MANIC, not PSYCHOTIC, and believe me when I say there is a big flippin' difference).

So what will happen? Who knows? We are hoping the judge throws it out as an ex parte and we have to be rerouted through FCS on the regular timeline, not the expedited timeline. But really, tons of people have fallen for her BS lies, so I suppose that could happen too. I have not idea. I'm just displeased this is something we have to worry about the day before Thanksgiving and a week long international vacation!

Spellcheck isn't working. I'm typing furiously and have to go so can't proof read. I don't even know if anyone will read this anyway. It's long and bores even me. I'm so tired of this BS. 

Comments

tog redux's picture

These therapists are gullible fools. I tell my staff all the time not to write any letters to anyone for anything, unless you are sure you have all the information. Don't fall for manipulation and let someone use you in that manner.  But lots of therapists do fall for it.

Well, this was predictable. Hope it turns out okay.  Keep us posted! 

CLove's picture

We are also in California. AS soon as DH started divorce filings, TT filed an ex parte. She was mad that DH started divorce proceedings, and she has a step mother who works in a law office. Im not recalling what her goals were exactly. Just that she wrote a bunch of nonsense.

Sorry you are going through this in the holiday season. it truly sucks.

CompletelyPuzzled's picture

I am not sure about California, but in our state, none of that would qualify for an ex parte order.  I doubt it will go anywhere.  How is anything she  put in that order considered an emergency?  We have been through 4 ex parte hearings and the judge has always denied an ex parte order.  They usually only give them in the most dire circumstances.

Sorry, she is pulling this the day before Thanksgiving, but hopefully, it will be over quickly.

LuluOnce's picture

It actually doesn't qualify in our stare either. But the courts kinda do whatever they want. They even say, "This is not an ex parte but I'll hear it anyway." The rules aren't just... very inconsistently applied

advice.only2's picture

Lol she's nuts!! DH has the file ex parte twice, both times Meth Mouth had been arrested and was in custody.  Using ex parte this way solidifies she isn't doing well.

LuluOnce's picture

This is how our lawyer felt. Even her logic: I'm supposed to have supervised visits. My mom is the supervisor. So last visit my mom didn't supervise. I didn't feel that was a problem. Can my mom be the supervisor still? Oh, also! This is an emergency but I've waiting 28 days to file it. So, we good?? 

Like what kind of judge thinks this?!

LuluOnce's picture

Just getting details, but... we all know how it ends, right? LOL.

BM won #1. GBM is back to supervisor starting next week. Judge said if he weren't a visiting judge, he would fine DH for interfering w the court order. BM was not even in the tiniest of trouble for filing an ex parte in a non emergency, or for GBM not supervising the last visit.

#2 has been put on the calendar for February. BM and DH and skids will have meetings w Family Court Services between now and February.

There might be more but DH is at FCS trying to set the appointment and I'm at the dentist w YSD9 so we've only had time to text. I am stilling processing. Trying not to be pissed that BM never gets in trouble. Hood luck to me.
 

 

ITB2012's picture

Seriously!? BM didn't get in trouble at all for filing an ex parte which implies immediate physical danger to the children.

Oh, wait...did she know you were going to the dentist? Perhaps YSD doesn't like the dentist and this was a ploy by them to keep her from getting a filling? That sounds stupid but so does everything you posted about her reasons for the hearing.

LuluOnce's picture

Not one even kind of gentle tap for the ex parte hearing OR the violation of the CO, which she admitted to in her own brief. LOL. 

DH, however, got yelled at for trying to enforce supervision. 

I'm in shock, but I know I shouldn't be. I check in here all the time. I know what our H's go through in court. I know the statistics. Now we get to be one. 

Small relief is that she did not get anything on issue #2. That one is of real concern to us. I took down my past blogs, but this "reunification therapist" has been working in BM's favor and has not in any way shape or form taken the kids' perspective into account. She even told DH " sometimes kids need to be forced to be uncomfortable" and the best way for the kids to "make peace" with their mother is to spend as much time with her as possible prior to beginning reunification therapy.

tog redux's picture

Well - on one hand, she's right that kids need to be forced to be uncomfortable.  Kids can't always call the shots, that's what leads to parental alienation.  We've had situations here at our clinic where alienating parents say "the kids aren't comfortable" as a way to delay reunification therapy, when really, the kids' complaints about the other parent are not really substantial.  

So I've been on both sides of this issue and I can't really reconcile them well, except to note that the courts have zero idea how to identify parental alienation.  And the reunification therapist should not be siding with one parent over the other, but working with both of them to support the child. 

LuluOnce's picture

Dh has never been agains thte kids being safely uncomfortable. He's been in favor of order of operations: reunification therapy FIRST, then increase time together. Not ignore that there's an issue and the kids are afraid fo BM and just give her every weekend. I should have made that cler. 

We agree that growth often happens through discomfort and "comfortable" shouldn't be the goal. But if the CO says reunification therapy and referral back to FCS for review of parenting time, then that's what the therapist should've been doing.

tog redux's picture

Yes, I agree. That therapist clearly got manipulated by BM, and it was unprofessional of her to advocate for more time without going through the process. 

Exjuliemccoy's picture

I'm sorry, Lulu. Dealing with crazy, even peripherally, can be exhausting. Hopefully the judge will see right through BM's silly and IMO, inappropriate ex parte filing and ream both her and her attorney for wasting the court's time.

Fish gotta swim, and crazies gotta make drama. Please update us on how things go. I hope your DH's attorney wipes the floor with her.

LuluOnce's picture

No such luck this round. I'm frustrated that there's so rarely a consequence for BM. Trying to hold onto the one memory I have of her being admonished in court to soothe my pride. Lol. She's being a gloaty bish now to DH. 

lieutenant_dad's picture

I wish I were surprised, but since it's a visiting judge, that might explain a lot of it. Not enough time to really look into the history of what is happening.

Though, I would think that as a visiting judge, if a parent with SUPERVISED visits asks for an ex parte hearing that I'd want a lot of explanation from that parent as to why they should go from SUPERVISED visits to custodial parent in the blink of an eye. ESPECIALLY when the complaint isn't Dad is in jail, he beat the kids and there is photo evidence, one of the kids claimed child abuse, etc.

This judge just gave BM the courage to tell GBM to flock off at the next visit and for GBM to do just that, leaving OSD EXTREMELY uncomfortable and responsible for both her and her sister. There is a REASON BM has supervised visitation - she's not stable and can't prove stability.

But, hey, she has a uterus so she must be good, right?

LuluOnce's picture

This situation with OSD is what I am most worried about. Honestly, I wonder if BM didn't just shoot herself in the foot with OSD.

When I met DH, OSD was a polite child, but was loyal to her mother to a fault. BM was a saint and OSD was her guarddog. As this has progressed, OSD has become more and more disengaged, frustrated, let down by BM. BM knows this (per nicely written emails from OSD's therapist) but rather than see this from OSD's point of view, she blames DH for brain washing OSD into not liking her. OS's therapist sends email after email, phone call after phone call, stressing the importance of BM earning OSD's trust again by following the rules, but BM says that the only reason trust has been eroded is because of DH. 

So now, BM shows up all gloatasaurus rex on OSD next week. And OSD is not going to be happy that BM doesn't give a sh*t about her feelings and that she has to keep supervising because GBM can't be trusted... and it's going to be interesting to see what happens with their relationship now. 

I know it's NEVER going to happen, but I wish BM would call the reunification therapist the kids' therapist told BM about and start talking to OSD. OSD would like that so much. She really wants the opportunity to address the situation with BM. And truthfully for me, it'll probably make things harder because I think OSD will begin the "my mom is amazing for trying so hard" kick, but it would feel a lot better for her than "my mom doesn't give a sh*t about me or my feelings". 

 

 

tog redux's picture

Does the CO say that DH has discretion over visits? If not, what is he supposed to do if BM violates visit protocol?

LuluOnce's picture

The CO says that BM has supervised vists and they may be supervised by BM or a specific friend. (BM has since stated friend cnanot supervise so it has to be gbm.)

While I do not at all care for the situation, the truth is that this is the 7th, 8th, 9th, whatever time BM has gone "crazy". GBM has almost always been the supervisor in the past and when things have gotten bad with BM, in a supervised visit in the past, GBM has reached out to DH and said, "Hey, we have a problem." Now, she minimizes the problem but she does report the problem. So GBM, while also not fully right in the head, has still been logical when things went south and DH was counting on that... because... because sometimes he's a twit.

We knew we might get our hand slapped for requesting BM use a prof. supervisor (because CO says it can be GBM)  but DH's point was that GBM isn't supervising and OSD was really, really upset and then they ignored her and then GBM went from the bench on the sidewalk to go sit in the car in a nearby parking lot. We thought that BM might also get a bop on the nose for such behavior. 

Apparently not. Haha. 

So, I'm not sure where we go from here. What are we supposed to do if BM violates protocol? I don't know! Visiting judge said DH did not have the power to change the CO and that's what he was doign by asking for professional supervision. But DH's point was, neither does BM and she was totally changing the CO but not having a supervisor! 

It's an upside down world. 

From here, meeting with scoial workers in January. From there, court in Feb to hash out item number #2. And I am really, really, really concerned about this one. 

 

tog redux's picture

So I guess, in the future, if he feels the kids are unsafe, he needs to file an ex parte motion himself. And you will have to count on OSD to let you know what is going on.  Which is sad, but it is what it is. 

LuluOnce's picture

I think it's hit or miss. We've filed ex parte hearings before, while BM was in an active psychotic state, and been denied. Our attorney even advised us not to do this last time because... not an emergency! It's a total gamble either way.

Of all her episodes, this is only the second one to ever make it to this level of court intervention. The years before this? BM walked away with a "treatment plan" and a two month ramp up back to 50% custody only to relapse the next year. When I think about it from that perspective, I guess the court is really working hard for the kids this time in comparison.

Oh such is life. I'm bitter today. It's my birthday. It's vacation time. BM is a thorn in our side. It's just sh**y timing. I will lick my wounds and move on.

simifan's picture

 

I'm sorry. This just sucks. Make sure OSD has a cell phone. Tell her to call 911 if she is left unsupervised.