Saturday, December 05, 2009

Ex-wife asks for court guidance

My ex-wife has filed a motion to "clarify" Cmr. Joseph's evaluation order so that I will be evaluated, and not her or our kids. I just got her reply brief. It starts:
George will not make a motion to the Court to request a change in the Appointment Order, but is nonetheless requesting changes be made in other paperwork submitted to the Court (e.g., letters to the Court, OSCs, Opposition Briefs)
No, I am not requesting any changes. She is stalling by asking for changes, and complains that I am not also filing motions asking for changes!
Attached is George's current OSC brief to be heard before Judge Salizar on December 21, 2009.
Yes, I am asking the judge to force my ex-wife to follow court orders, and let me see my kids.
George's description of the case's history therein is just one example of how George describes our case to evaluators.
She is referring to my court papers! No, my court papers were not given to any evaluators.
George represents to evaluators that the purpose behind the Appointment Order is to investigate the allegations made to CPS by the children and third parties, and not to do an evaluation based on the findings of the trial Court and CPS.
No, I have never told any evaluator the purpose behind the order.
George presents the Court's ruling to evaluators as a temporary finding, pending a further investigation.
No, I have never given the Court's ruling to any evaluator, or given any such explanation.
For example, in the attached OSC, George writes, "Cmr. Joseph made a ruling that the kids were not to be exposed to emotional abuse, but he did not make a permanent custody change. He appointed Elizabeth Lee to do an evaluation under Evidence Code se. 730."
Yes, I did say that in court papers, and it is the truth.
It is my belief that the Court did not intend a "re-do" of the January 11, 2008 trial. I believe that the Court made the findings of January 11, 2008 that were intended to be accepted and respected during the evaluation requested in the Appointment Order. I respectfully request the Court's guidance on how to proceed.
Her belief is that she had a crooked deal with the crooked authorities. But then the psychologist who was supposed to seal the deal backed out. Some deals are just too crooked, I guess.

Now Cmr. Joseph has been removed from the family court, and my ex-wife doesn't know what to do. She managed to get a motion back into his court, but she doesn't know what to ask. So she just asks for the "Court's guidance" on how to continue preventing our kids from seeing their dad.

She rambles on for five more pages. She asks for a checkbox to be checked, even tho she previously objected. She accuses me of various lies, without saying what was false. She complains that the evaluator might not understand that she is supposed to get custody, and I am supposed to be sent to forced psychotherapy. She wants Cmr. Joseph to tell the new psychologist about the deal, and revise the order so that the evaluation will be rigged in her favor.

Her brief ends with this:
Based on the content of George's court filings and his behavior, it is disturbingly clear that George is at the least, in denial of his current situation. He has been harassing me with his court filings, incessant emails and false overtures of "I have done everything in my power to make the evaluation happen". I work full time and I am very busy with a family. He has caused me much time and money in having to respond to his court filings. Hopefully, the Court can give us some guidance as to how to proceed.
She would not have to spend so much time on court filings and on taking care of the kids if she would only follow the court orders.

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