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The Psycho Ex Wife is the true account of a marriage, divorce, and subsequent custody fight between a loving man, his terroristic ex-wife who we suspect suffers from Borderline Personality Disorder (at least from our armchair psychologist diagnosis), and the husband's new partner. We are not simply anti-mother or pro-father ... Read more

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Archive: contempt

Custody Evaluation #1 - Impressions & Observations, Mister-M

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Continuing from Impressions & Observations, The PEW - comes the CE’s report on me.

Discussion of Mister-M:

The father presents with appropriate concerns about the children. He tends to be an intense individual who has some issues with control. This was evidenced by his request to have sole decision-making for the children.

There is no bias against a father here. I request primary custody (physical & legal) and I am an intense individual with control issues. However, PEW’s petition for sole custody, it would seem, does not make her an intense individual with control issues. Keep in mind now, my petition was a counter- to PEW’s initiation of this entire court & custody mess.  From the outset, I was the only one who made overtures and arrangements for a shared-custody situation.  It was PEW who scuttled that in June of 2004.

The father does appear to have a temper when angry with the mother; however, he is patient with the children, and I do not believe he would lose his temper with the children as he does with the mother.

On what basis, exactly, does the custody evaluator come to that conclusion? It doesn’t make sense. If I was this obvious monster to their mother, why wouldn’t I be the same monster to the children if they didn’t do as I demanded?

Folks, you only have my word on this, but I promise you as the good Lord above as my witness - this is a complete fabrication. At NO TIME did I EVER lose my temper in any of these sessions. On 1 occasion, I showed ‘controlled exasperation and impatience’ having to sit there in silence while the PEW went on and on and on with her false allegations while the CE (and I) sat and listened. I simply asked how long I was going to have to sit and entertain this reading of the list of accusations none of which could the PEW ever support as factual.

The only other time I showed any level of emotion was on the oft-repeated discussion of *my* unwillingness to settle the house. Without any anger, I turned to her and asked, “I’ve made 3 offers to you that were more than fair and each more lucrative than the next. Exactly how many offers have you made to settle the matter?” (The answer was none.) I asked her to stop lying about it and didn’t raise my voice or show anger. I was well aware of the pitfalls of a male getting too emotional in any capacity in a situation like that. In fact, I feared I might be *too* calm or stoic.

That the CE would portray me like this doesn’t surprise me today, though it really did at the time. It’s clear, now, the agenda here. Still, I was so utterly disheartened by the reality that PEW’s histrionics were not even mentioned once, though she raised her voice, pointed at me emphatically while reading from her lie-list, and was insistent on her fantasy that she and the children were systematically abused by me in any number of ways.

Most county custody evaluation programs are exempt from being called to testify regarding their reports. They can write whatever the hell they want and there is nothing you can do about it.

The father was initially interested in continuing the joint physical custody arrangement as long as he had sole decision making for the children. In particular, wanted to be able to decide where the children attended school. However, the father became very frustrated when the mother did not respond positively to a couple of different financial settlement proposals he made. As the father became more frustrated by this, his anger toward the mother increased. The level of contentiousness over the financial issues made it difficult for both parents to remain focused on the custody matter, and to co-parent at the time. It is my impression that these frustrations led the father to become more critical of the mother’s parenting and to raise concerns about her parenting.

Initially?  Not only initially, but eventually at the end, too.  Remember, the CE asked us to come up with shared custody parenting plans in each of the last two sessions.  I did that, the “well-prepared” PEW didn’t.  She refused to.  She had no interest in it.

As far as the rest, it simply did not happen. It didn’t. We had a short disagreement over who wasn’t cooperating with whom regarding the settlement talks. It didn’t last very long and I asked PEW some pointed questions that she was simply unable to answer without exposing herself as the uncooperative one (though it should be patently obvious to any reasonable human being looking at who is making offers and who is not). The CE has me apparently a complete rage over the issue and her “impression” is that my concerns over PEW’s stability and parenting ability are fabricated and only exist because PEW wouldn’t settle on the house. That’s what this had boiled down to. This, after refusing to review any of the real, serious documented issues that I had come prepared to share. This, after accepting PEW’s hysterical, crying rants on her word alone.

It remains to be seen if the father is able to remain in the marital residence when a financial settlement is is reached between the parties. He would like to do so in order to provide the children with some stability at a time when they are adjusting to so many changes in their lives. The father initially supported the mother’s decision to put S1 in parochial school when they were still together. However, he believes that the children would do just as well in public school, and that at this time there was a benefit to S1 attending school with children from the neighborhood. The father is able to provide the children with a stable home. However, his work schedule makes him less available for the children than the mother during the school week.

Well, with a report like this, she all but guaranteed that it would not happen.

Her comment regarding my supporting the mother’s decision is a complete lie. Not only did I never claim any such thing, quite the contrary. The mother supported the decision for the children to attend public school. The fact was, the public school system is better. The fact was, even if together, the tuition costs for Catholic School was a burden our budget would be unable to bear. The fact was, I stated these reasons and more and it led to the decision in my favor during the court hearing on the subject back in the summer of 2004.  The fact was, PEW actually took care of registering the boys for public school on February 4th, 2004 - AFTER initiating divorce proceedings - because we both agreed that it was the best choice and the best school.  She only reversed course months later at the beginning of the summer.

As for the work schedule, I already had proof that my schedule was rather flexible.  The kids would be at school for most of the day!  What benefit to the children is there for PEW to be home while the kids are at school?  How would my being at work while the kids are at school be any different?  I would be home.  I would cook dinner for them.  I would care for them.  I would bathe them.  I would do all the things a loving single parent does for their children with a great deal of success - as I had done all throughout their lives on this earth to that point (and since then).   The differences in my work schedule and PEW’s work schedule were completely irrelevant to the children except that PEW’s work schedule would make her completely unavailable during the longest periods of time where she could spend it with them one-on-one - the weekends!  PEW would be home when the children mostly weren’t during the week and then completely unavailable for any weekend.  This was beneficial for the children?  I both worked and lived not longer than a 3-minute drive from their school and with the blessing of my workplace (as already shown in the months prior to the evaluation) could adjust my schedule and accommodate any special need that may arise involving my children.  My work schedule made me far more available to the children than PEW’s could ever hope to! The evaluator just made up her own bullshit as she went along.

My destruction is complete. The solid, concrete foundation of my destruction is thick with lies and embellishments and all part of what is usual and customary in the divorce & family court system. Fathers don’t rate and the system will do whatever is necessary to ensure that fathers are separated from their children as much of the time as possible and made to pay a maximum amount of child support to keep the funds coming into the state governments from the federal government.

Be mindful, my comments made throughout these posts on the custody evaluation are made with “knowing now what I didn’t know then.”  Despite some of the experiences I had at the time they occurred, I still believed I presented well and was confident of a positive outcome, especially given how PEW acted in the joint sessions.  I have no idea how she acted in her one-on-ones.

Next segment - Conclusion and Recommendations.

Proactive Projection

Despite my title, I give her early credit for taking a stab at heading off any “drama” (as she put it) in the following email:

LM,

I just wanted to update you on S2. He still has a 103 fever. I’m going to give it till tomorrow and see if they can call something other than Amoxcicillan in. If my memory serves me, he never really responds to that. I called the Dr. this morning and they said to give it another 24 hours.

Also, I wanted to head off any holiday drama this year. Thanksgiving is mind right?

I know you get Christmas again, but that IS my week, so you will pick up on Christmas Eve and return them either Christmas Day evening or in the AM on the 26th? Please confirm pick up and drop off asap.

New years is mine this year. which falls during your week, so I am assuming we exchange new years eve and then again New years day??

Like I said. I want to head off the drama before it begins, so please respond asap.

~PEW

It’s apparently still too difficult for her to check the court order as the schedule is that clear.

  • Thanksgiving is hers this year.
  • Christmas is mine this year, pick-up on Christmas Eve and drop-off on December 26th.
  • New Year’s is hers this year, pick-up on New Year’s Eve and drop-off on January 1st.

I did laugh a little at her contention that she is the one trying to head off the drama, considering she is the only one who has engaged in custodial interference, failing to show up for my Christmas holiday with the children in 2006. This resulted in a contempt hearing where she was found guilty of custodial interference and failure to follow other provisions of the court order in place at the time.

But hey… if that makes her feel better and she ultimate complies with the order this year… I’m okay with that!

So I Don’t Have to be the Bad Guy…

The wait for the reply is over. At least initially, I was pleasantly surprised and prepared to say, “I was wrong, she came back with a reply that was civil and cooperative.” She did. Unfortunately, it wasn’t long before the backslide began and old habits reared their ugly head. The old habit? An inability to just step up and “be the parent.” So, without much further adieu - the reply regarding yesterday’s request for extra time with the children.

LM,

Actually, camp ends on the 15th for the summer. I had arranged to have my friend T——’s nephew (a teenager) watch them that week, which is fine if you’re working up here and you want to leave them with him during the day at my house and just pick them up after you get done work that’s fine too.

I think it’s only fair that I let you have them early if you want this week since you did that for me when I wanted to go away. Are you guys going somewhere?

~PEW

A couple of things are interesting in this response. That is… aside from the apparent cooperation.

The first - the irony that she has a “teenager” prepared to babysit the children. This is another one of those examples where her rules don’t apply to her, just everyone else. Of course, the first thing I remember is her outrage that I had not one, but TWO very responsible 16-year olds watch the boys for a few hours on New Year’s Eve while DW and I attended a community event. So, it’s okay for her to do that (all day long while she is at work for a full week), but not okay for me to do it for a few hours. She made mention of it in this rant about her safety concerns.

The second - this is a violation of the court order. The childcare provision of our agreement was born of a couple of issues.

#1 - Her repeatedly pulling the children out of agreed-upon childcare and placing them with friends while pocketing my portion of the childcare expenses. (She was ultimately found in contempt-of-court on that issue.)

#2 - Her objections over my early use of a nanny (who happened to be licensed and certified). In order to avoid any more problems, a provision regarding childcare requires:

7 - Childcare: During the school year, the children are to be enrolled in aftercare associated with the school they attend preferably. If not, another licensed daycare facility is permitted as agreed upon in writing by both parties. During the summer period, the children are to be enrolled in a licensed daycare facility, summer camp, or certified nanny as agreed upon in writing by both parties.

So much for her alleged safety concerns and at least she remains consistent in not following court orders. Still, I am pleased with the apparent cooperation!

Well, it didn’t last long. The initial response consititutes an “agreed upon change in writing between both parties.” See my post The Greatest Custody Order/Agreement Clause post. I wrote back:

PEW,

Thanks. If you have day coverage, that would make it MUCH easier. I can cover you on the 20th & 21st. No specific plans, just wanted to have two full weekend days to do stuff. Beach. Bike training. Whatever else we can think of.

~LM

Not long after my agreement to do both, comes the change via text and then email.

Text message 1 from PEW:

The boys freaked when I said they were getting pu early they said that ur not going anywhere.

Text message 2 from PEW:

Can we do it on a weekend u have something special so I don’t have to be a bad guy?

Email from PEW:

LM,

would you like to try to talk to them about this weekend? I felt really bad because they said they feel like they don’t get to spend enough time with me.

~PEW

It was nice while it lasted. It’s astounding, given how many times I’ve been deliberately put into the position of “bad guy” because she didn’t want to parent, discipline, explain appropriately, etc. because of her. This link explains it pretty well: Why Our Sons Will Struggle with Discipline. It is one of many examples sprinkled throughout this blog. Here she is, incapable of taking advantage of a perfect opportunity to explain to the children that mom and dad are cooperating and put down their clear attempt to manipulate the situation. Again, I will not bail her out.

PEW,

No, not particularly. What I would like is for you to tell them that we’ve made a schedule adjustment, as I have for you in the past and it would be nice to just spend a weekend doing things instead of spending one of the days interrupted by an exchange.

What I won’t do is get into a situation where they’re manipulating the situation into that one of us (whether it is you or me) have some “expectation” that something “special” needs to be done for them… on their terms. An explanation that we’re cooperating with one another for a change is all the reason that they need.

~LM

At this point, I’m not sure that the early pick-up this week is going to happen. Of course, that will be another violation of the custody order and the question becomes, do I point that out and go pick up the children anyway? We know that will only escalate the situation, but I am well within my rights to do just that. Of course, it will be met with the flaming email barrage which will be ignored.

In any event…

LM,

Fine. I’ll talk to them. As for the 20th and 21st, I just need you to take them overnight on the 20th. I’ll be coming home thursday night around 7 or 8ish, so I’ll just have someone watch them till I get home. On Friday morning I’m going to take them to [parent's vacation home] for the weekend, so just confirm, ok?

I also wanted to talk to you about school supplies. I have lists and I am wondering if you will split the cost with me this year because I am broke, as you know?

~PEW

Aren’t we all? In the same breath that she informs me she is taking off from work to drive several hours for a weekend vacation - she’s telling me to split the school supplies because she’s broke. Did you catch that?

PEW,

I’m confirming everything with one exception. I’ll pick them [up] on Thursday and take them home and feed them and we can arrange to exchange as you get closer to home.

Email me the school supplies list.

~LM

Finally, from PEW: Fine LM. I have the lists at home, I’ll try to remember to bring them tomorrow.”

Game of Contempt Hearing "Chicken" - Ends

Updating the readership…

This morning, I received an early text message from The Psycho Ex-Wife:

PEW: The hearing has been cancelled.

Of course, I don’t reply. This was soon followed by a second text message:

PEW: Don’t make me regret it.

Of course, I didn’t reply. This was soon followed by an email:

PEW: All I’m asking for is some sense of decency between us. I cancelled today because I can’t do this anymore with you. Do what’s best for the boys, that’s all. Whether you want to believe it or not, keeping them for three weeks in a row, as not a good thing for them.

Of course, I didn’t reply.

A sense of decency, she writes. I suppose I was “indecent” because I had custody of the children for three straight weeks, nevermind that it was the result of her being found guilty of contempt-of-court for custodial interference, effectively “stealing” from my holidays with the children last year. This would have been the sixth contempt petition in 2-years from her. All of them have been dismissed. As glad as I am to avoid having to go back to court, I was prepared to pull out all the stops in an effort to get Judge Contempt to impose some serious sanctions against her for this petition and for any furture, unsupportable petitions. Alas, no continuation, she withdrew the petition.

My assumptions regarding why she did this are as follows:

- She thought I would be working from the home office this week, which would have saw me have to drive several hours the night before to attend court. Without such inconvenience to me, it lost it’s effect.

- Had I needed to bail-out on what is the single biggest project at work for which I’m responsible may have put my job in jeopardy. That would have put her bi-weekly stipend at risk.

- (Less likely) She feared getting bonked on the head with a gavel as the JC is really fed up with her antics and seeing us in court so often we were going to be given reserved seating with our names engraved on the chairs. She had no case. The court order was clear.

Onward until the next meltdown…

Sitting on the Edge of Our Seats

I’m sure you are all wondering what is happening with PEW’s latest (false) contempt petition filing, because of course you have nothing else to do. As you may recall, LM got a continuance until January 24th for the original hearing that was scheduled for December 26th. I bet you just realized that that is tomorrow!

Of course we heard from PEW, after she realized that um, yet again, she was dead wrong, that she was going to be the “better” person and withdraw the petition. Of course, she never did, later saying she was keeping the court date since she hadn’t seen “any remorse” from LM. As if.

As it turned out, LM had a very important business event scheduled for Jan 24th, and seeing as how he had been unemployed for 9 months when his previous employer moved across the country, we thought it would be prudent for him to try to KEEP his job. Of course, PEW told the court she wasn’t willing to continue the hearing, surprise! So, yesterday LM was greeted with an e-mail from PEW with an attachment she had just faxed to the court:

“Due to some health issues I am having that need my immediate attention, I intend to withdraw my petition for contempt filed 12/12/07.

I know LM requested a continuance last week, which I subsequently requested that the court deny, but that was before I found out that I needed to tend to this health issue.”

Now, first of all, no way we believe something is actually wrong with her health, though we mightily wish some evil disease would befall her. (Hey, this is the woman who referred to LM as scarface after he had cancer removed under his eye two years ago. She’s a peach.) What we do believe is that she is trying to get out of the hearing with what little self respect she has left, and of course she is DYING for LM to ask what is wrong. As if. I mean, if she is sooo right and he is in contempt, why not just approve the continuance LM requested so she can deal with it after whatever health issue she is having (I’m praying for Locked-in syndrome) is treated? The answer, she’s psycho.

So, the rest of the letter went on to say that she was unable to actually get to the courthouse to file the withdrawal, cuz she’s so *cough*cough* sick, and while I’m not an attorney, I’m pretty sure that means it’s not withdrawn and the conference is still on. We’ll see what happens.




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