The Nutrition Petition - Part C of the Deprivation Series
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As promised, I continue from Part B of the “Depriving the Children of Nutrition” Series with what I call The Nutrition Petition.
The prepared petition is as follows, with all of the “vital statistics and personal details” removed:
A. The Petitioner is asking for a modification of the existing order based on the following:
- Currently the petitioner and the defendant share custody of the minor children
- The Petitioner represents that the respondent is harming the minor children, particularly S1 physically and emotionally by severely limiting his food intake. S1 (dob xx/xx/xx) is 10 years old, he is approximately 5’3” and weighs approximately 155-160 lbs. S2 (dob xx/xx/xx) is 7 years old, he is approximately 4’ tall and weighs approximately 70 lbs. The children report to the Petitioner that they are fed exactly the same portions and they state “we are always hungry at Dad’s”. The Petitioner can only report on the calorie intake of the children while they are with the Respondent based on the children’s reports. The Petitioner feels it is approximately 1000 calories per day, which is inadequate for normal growth and development for children their age. The Petitioner also avers that the Respondents undue restrictions on the children’s diet are having the “opposite” effect on them, since when they return to her home they are ravenous and eat constantly. The Petitioner feels that the deprivation of calories is causing them emotional harm and negatively affecting their weight and body image.
- The Petitioner represents that since she filed a contempt petition dated 7/16/07 the respondent continues to subject the minor child, S1 to continual emotional harm. In the Petitioners, Petition for Contempt dated 7/16/07 she states the following: “The Respondent has repeatedly admonished 8 year old S1 for his weight over the past three years and is obsessed with the fact that eight-year-old S1 is overweight to the point where the child has lost significant weight over the past month while in the Respondent’s custody. The child stated on June 30th, 2007 while on a visit with his mother at a hotel in [LM's home-state] that “I am too fat, look at me, it’s disgusting, Dad is going to help me get into shape”. During this visit, the Petitioner observed that S1 has decreased his intake of food substantially to the point where the Petitioner finds it unhealthy. Eight year-old S1 also stated “I can’t lose my fitness while I’m with you because you are not fit Mom”. The Petitioner, Mother of this child feel that at eight years old, the Respondent is jeopardizing the “Health and Welfare and Emotional” state of eight-year-old S1 due to the Respondent’s with weight. The Petitioner feels that there are much better, healthier ways of helping S1 achieve an ideal weight without making him feel bad about himself. The Petitioner feels that the Respondent will be responsible for driving S1 to an “Eating Disorder” and further emotional damage if he is subjected to further criticism about his weight.”
- The Petitioner represents that the Respondent testified to the Honorable Judge Contempt that he was relocating to [custody-state], so that the order would be modified to an equal custody arrangement. The Petitioner represents that the respondent still resides in a 4-bedroom home in [home-state] for two weeks per month and spends the other two weeks in an apartment over a garage in [His-Town] while he has custody of the children. The Respondent testified to the Honorable Judge Contempt that he was relocating to [custody-state], when in fact he had no intention of doing so.
The Petitioner respectfully requests that Honorable Court modify the existing Order of Court as follows:
B. The Petitioner wishes to be granted temporary Sole Legal and Primary Physical Custody of the minor children, S1 and S2 with visitation time to the Respondent. The petitioner request to modify the Order of Court as follows:
- Mother wishes for the Honorable court to intervene on the children’s behalf to ensure that Father follows an adequate diet for the children.
- Mother wishes to be granted rights to all decision making regarding the “Health Safety and Welfare” of the minor children with objective consideration to Father’s written opinion.
- Mother will have primary physical custody of the children temporarily until such time as the court deems the Father able to make sound decisions regarding their welfare.
- Mother requests that in light of the fact that Father is not truly relocating to [custody-state], the Honorable Court have him move to [PEW-town], where the children attend school. Mother avers that the rents in [PEW-town] are considerably cheaper than those in [His-town] and perhaps Father could use the additional monies to buy food for the children. It is Mother’s belief that the children could continue their relationships with their friends and would benefit immensely by being in their “home” town for the entire month.
The Petitioner does pray and request that the Honorable Court will grant the Modification as stated herein.
This is the 5th day of March 2009
I, PEW, state that the above statements are true and correct to the best of my knowledge. I understand that false statements herein are made subject to penalties relating to unsworn falsification to authorities.
Amazing. In an effort to TRY and keep myself from droning on and on and on, I’ll try going with bullet points.
- Section A1: This is about the only coherent and factually accurate part of the entire petition.
- Section A2: This is completely baseless. Not only is it factually incorrect, it’s entirely fantasy that is predicated upon the alleged reports that the children “are hungry.” PEW is calculating the children’s “caloric intake” based solely upon the children telling her what they want to in order to get what they want from her. She reports that the children are “ravenous and eat constantly” - which clearly demonstrates her complete lack of control of the situation in her home on this issue (let alone all of the others). How could anyone read this and take it seriously?
- Section A3: This is a cut-and-paste of the petition she filed when she details she filed it. The petition was dismissed as groundless and yet - she is putting the same thing the judge has already ruled on in front of her again. Also, it has no basis in fact.
- Section A4: Aside from the fact that this section represents a “dig” at my current living arrangements in custody-state (formerly known as work-state), it is also factually inaccurate. We live in a rented cottage. It is a two-story stone building. The bottom of it is a MASSIVE 4-car garage that is deep enough to fit no fewer than 8-vehicles, with additional storage space. Over the top of that garage, is a 2-bedroom, 1-bath apartment with eat-in kitchen and large living room. As for issue with my overall living arrangements, they have nothing to do with the purpose of the petition. It’s obviously out of place and represents her complaining about not being in control of my life. I represented to the Judge that I met the terms of the prior custody arrangement, which was that if I established employment and residence within reasonable proximity of where the PEW lived, I would be granted 50/50 custody after a short hearing. I did not represent to the Judge that I was “relocating” to custody-state. In fact, I recall telling the Judge that even if I wanted to sell our residence in home-state, we couldn’t due to the awful economic conditions, particularly in the real estate market. The Judge did not require that I sell my home-state residence in order to obtain custody - only that I establish employment and a residence, which I did.
- Section B1: Even if the judge could, how is the court going to ensure that I feed the children a proper diet? Aside from the reality that her claims are fabricated and impossible to prove (because my children eat a proper diet when they are with me) - she writes in section A that she has no control over what the children eat and how much they eat when with her. She has 1 seriously overweight child and 1 child that has been packing on the pounds recently and is coming before the court to tell them that they aren’t getting enough to eat. I… kid… you… not.
- Section B2: Can you hear me laughing at her “objective consideration?”
- Section B3: The court has already found that the father makes sound decisions regarding their welfare. That’s why I’ve gotten 50/50 custody and she has already been threatened with a further erosion of her custodial time due to her repeated contempt issues.
- Section B4: She wants the court to order me to move closer to her. Closer than the 8-miles (approximately) away I already reside from her. Has anyone seen a bigger effort to control another ex-spouse’s life to such an extent? She wants the court to order me to move to another town to be closer to her. Not to mention, a number of those “friends” about whom S1 complains vigorously - I wouldn’t allow them to play with or into my home.
Further…
“I, PEW, state that the above statements are true and correct to the best of my knowledge. I understand that false statements herein are made subject to penalties relating to unsworn falsification to authorities.”
This is at least the 7th petition she’s filed that is rife with “unsworn falsification to authorities.” In no prior case has she ever been sanctioned for this. I don’t expect, if she follows through with filing this petition, that she will be sanctioned for this one, either. Of course, we can always hope.
If I thought that there were any grounds on which to file a petition of my own AND have it be successful, I would. She is beyond sick and I can’t do anything to further take the children away from being brought up in such a disastrous environment with a mother who is so clearly mentally ill. I live in daily fear that she will some day snap and do them immediate, and much more serious harm. What a great way to live.
As the kids health and welfare are of serious concern to me, I broke down after 2-days of thinking about it and decided to place a phone call. I obviously went into this knowing it’s a waste of breath, but decided if there was even a remote chance she would “wake up and smell the coffee” on this topic, it would be worth the try. Look for that in Part D when I get around to it. I’m sure I’ll have more pressing matters when the reaction to the news that I have been laid-off is communicated (which it will have been by the time this post launches).



