I won, I won, I won!

by Anony Mous 46 Replies latest members private

  • Anony Mous
    Anony Mous

    I have won (in the past) visitation and shared custody over my child.

    Short back-story, I left the religion because I couldn't accept the blood transfusion doctrine with my child. I signed off on blood transfusions in the hospital, shortly after I stopped going to the meetings, my then-wife went to the first meeting with the child and never came back. A 3 month parental kidnapping ordeal coordinated by elders and other JW's, 3 more months of strained visitations (because, you know, I was the one that was abusive for leaving the org). I then won shared custody and significant amounts of time with my child, half the weekends, 2 weeknights per week and several weeks of vacation. My then-wife did get primary residential custody (because of the age of the child) but no vacations. I got temporarily full medical custody which later settled out into shared custody with doctors' final say in case of disagreement, I also got specific notions that the child can do any extracurricular activity and the standard "no yelling at each other in front of the kids"

    Go forward a few months, the elders are again on my back, following me, trying to get me to attend a JC or say anything to allow DF'ing. They eventually gave up after I threatened legal action after which my by-then-ex started making life difficult again. Later on got police involved a few times, another parental kidnapping situation for 12 hours during my vacation, kept meticulous track of everything that was said and done, got stalked again by elders, back to court, this time I sued for the moon (full custody), knowing I wasn't going to get all of it. My ex proceeded to change day cares without telling me where and falsified doctor's records so they couldn't reach me, went to the doctor a few times without letting me know etc.

    The case was long and costly, almost 9 months we were in court, family courts are zoos, 100's of people are waiting at 8am and they're all scheduled to appear between 8 and 12am, you appear at 2pm and get 5 minutes. Finally after a few of those comes the point where we were instructed to prepare for a full day of testimonies (unheard of in family courts these days). My lawyer says "you know how these things go, we'll be there until 2pm and get to talk for 20m". We appear to the usual hallway that morning which was EMPTY, the judge cleared an entire day and the entire court room just for this case. I show up with my lawyer and a bundle of paper, my ex shows up with her lawyer, a slew of family/JW's obviously to testify against me, they're pointing, quietly laughing and "thanking Jehovah's organization for their help" for this will obviously be their vindication.

    We had sent all of our evidence we were presenting over a week before. They sent it to us 48 hours in advance so I hadn't seen it until that morning. They legally have the right to do it 24 hours in advance and had done that in the past but the judge had yelled at them because they send it to the judge by courier 24 hours in advance while sending it to us by mail so we can't review it before the case appears. Their 'evidence' consisted of photo's the elders/family had taken obviously while stalking me, reports of the same as to my moral situation (partners etc) and several names listed for 'oral testimony' on my conduct and their beliefs .

    The judge calls in the attorneys only. He demands that since I have more significant grievances (this was a claim/counterclaim type situation) I will go on the stand first even though procedurally, they should've gone first. I go on the stand and talk for 2 hours straight about the issues at hand (the many times I was refused visitation, the parental kidnapping and what witnesses belief about blood, disfellowshipped ones, the day care situation). I was interrupted several times by objections however since I could at all instances point to written documents (which included police reports, doctor's reports, letters from their elders accusing me of gross uncleanness, excerpts from their publications, my ex's e-mails and text messages which correlated her beliefs and actions with JW literature) after about half an hour, the judge ruled I could no longer be objected to and to "keep it for cross" since I "obviously know" was I was talking about. The case started 8am, at 10:15am I was still on the stand for my testimony, the judge adjournes for a break, both my ex and her attorney had slumped down at that point and weren't looking all too happy. We say we're almost done and that the most important issues have been talked about. The judge says we'll continue with cross examination after the break.

    10:45am, the attorneys only get called back. I see their attorney shuffle back to them, head down, apologizing, whispering. My attorney yells to me across the hall, let's get in one of these meeting rooms and talk. "The judge won't allow cross, you have your evidence in order and they have nothing to refute that". Okay. They also have not enough evidence to surpass the threshold to even have their case considered (which they demanded I have reduced time), the judge won't even allow them to testify or any of their witnesses. I don't however have the threshold for full custody but the judge will give enforcement. How much time have you missed over the last two years... I calculate it out, my attorney goes back in the court room, then we are invited back.

    Judge: Are we on the record? Ok. This is <case>. Mr <ex's attorney> I won't allow cross, Father has obviously proven his case, you'll just tear him to shreds and tell him he's lying but he has proven what he came here for. Your client doesn't have anything worth considering so I'll dismiss that case. I have noted 9 points of improvement on your clients side, I told them to you in closed, did you discuss them with your client. "Yes, but my client...". I don't care what your client thinks, please state for the record the 9 points of improvement I have given you so everyone understand what needs to be done. (clearly exasperated voice) "Without prejudice and without admitting..." Please move on with it Mr. <ex's attorney>, I'll decide on prejudice and we all know your client will never admit fault. "1 - No more interference with scheduled visitation". When you leave here, take some time to clearly explain what that means to your client Mr. <ex's attorney> (my ex was sitting right there). "2 - Shall have n hours of make up time for time lost in the past on these dates; ... 9 - Neither party shall make disparaging comments or teach the child anything that negatively portrays the other parent" Make sure that your client understands this, I will not allow any further disparaging comments to be made about the other parent in front of the child. You have 10 days to make up an order which states these points which you will send to my office for review<case closed (about noon)>

    The group of "Witnesses" and family leaves the court room, I hear them making remarks that it's not fair that they didn't get their side heard. I take my time to thank the judge and say good bye (they didn't), he wishes me good luck. When I leave the court room they've all disappeared. Basically I got 6 more days of vacation each year, make up time for all the time lost in the last two years, she can't call me names, she can't teach the child that I'm a 'bad person', I got reaffirmed my shared custody and medical custody, she has been ordered to immediately inform me of all medical emergencies and non-emergency doctor's visits and all medication and I should have no more interference.

  • NewYork44M
    NewYork44M

    Thanks for sharing. I know how hard this has been. Best wishes for a successful life with your children.

  • ILoveTTATT
    ILoveTTATT

    OMG Good for you!! I am so happy for you... Well done!! =)

  • LoisLane looking for Superman
    LoisLane looking for Superman

    Anony Mous, This was a tear-jerker read .

    I cried for you and the horrible situation your ex put you in.

    I cried tears of happiness when the Judge understood where you were coming from, and granted you all that you asked for, plus make up vacation time with your child.

    I am really, really happy for you and your child.

    (((Hugs))) of happiness to you both.

    LoisLane

  • happy@last
    happy@last

    Justice is done, if you can call it that, it doesn't make up for what your child has been put through but it's great to see how the law has given your child a chance of some decent influence on your part. All the best for the future.

  • fine4now
    fine4now

    this story breaks my heart. how is that helping the child for the ex to behave thay way..amd the jw were in the mix riling her up! so glad u wo.

  • AnneB
    AnneB

    You really did a good job! You held up under the strain and, more than that, were able to prove every single thing you said. Well done!!!

    People don't really believe that elders and others in the Hall actively, knowingly plot against a parent who they think isn't "in harmony with Jehovah". They do. They'll stop at nothing, even breaking laws and telling bold-faced lies to authorities and to the parent they are against. It's really difficult to break through the deceit, but you obviously did it. I am very, very happy for you.

    My very best wishes to you and yours.

    AB

  • Comatose
    Comatose

    Awesome! Great to read stuff like this. Congrats!

  • clarity
    clarity

    Anony mous...brilliant, so proud of you!

    Lets hope things calm down and you can

    have a great relationship with your child!

    All the best

    clarity

  • clarity
    clarity

    Fine4now ...just want to say welcome to you,

    look forward to hearing your story!

    clarity

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