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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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Timeline 2004 - Part 2

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The 2nd-half timeline from 2004 continues from Timeline 2004 - Part 1.

In August of 2006, I had submitted to my attorney #2 a “timeline of events since the divorce process began” to try to get her up to speed. I also tried to coordinate this timeline to refute PEW’s oft-repeated contention that I didn’t care about the kids, just the money… an assertion that was clearly projection and could be supported specifically or through “circumstantial evidence” of her conduct (and the timing thereof).

The following timeline demonstrates the chain of major events and summarizes the motivation behind each. You will notice that PEW is consumed by continued negative engagement of me as she was throughout the course of our marriage. You will notice that the benefit of the children is secondary to the benefit of PEW and her desire to continue abuse and harass me as well as do things solely for her own financial benefit and my financial detriment.

• July 15th, 2004 – She contends that I want to be the primary custodian to avoid having to pay support. This, despite voluntarily giving her money until the details of the support order are worked out. Despite the fact that I wanted to do whatever was possible to maintain joint custody and keep things as normal as possible for the children. My position changed due to her increasingly aggressive behavior and the surprise notification that she had filed for custody of the children. Over the course of the next year – she often complains about money.

• July 23rd, 2004 she brings up the issue of sending S1 to Catholic School. I don’t agree with such a change, particularly since she and I agreed back in February and PEW registered him… that it was a good idea. Shortly thereafter, she filed for an emergency hearing on the issue. PEW initiates litigation.

• July 26th, 2004, I complain again (this time via email) about PEW dropping the boys off at 7AM, in their pajamas and unfed. She needs to do this to get to work on time but cannot afford to lose the “overnights” for fear of losing the child support. She responds unkindly. The issue was, she didn’t keep them overnight. She took the children, went out to a party, and left the children at her parents’ house. This is the extent that PEW will go to in order to minimize my time with the children and ensure she gets credit for overnights.

• July 26th, 2004 her first mention of switching to full-time day shift and mockingly mentions how much extra I will have to pay in support to her.

• July 31st, 2004 - I express to PEW that I was bothered by the fact that she took the children to see a PG-13 rated movie. Keep in mind that S1 was 5 and S2 was 3. The movie was Spiderman 2 and the level of violence and other adult situations were not suitable for young children.

• August 16th, 2004 – I send her an email about giving the kids ice cream before dropping the children off to me in the afternoons. It was becoming a daily event and it was undermining my ability to teach the children to eat right or even get them to eat a meaningful dinner. In a phone call response, she reacts harshly calling me names, as usual and telling me that she can do whatever she wants to make the kids happy.

• August 17th, 2004 – We have a short hearing regarding custody and are ordered to go through a custody evaluation. It’s at this time that PEW changes her mind regarding going to a full-time day shift, which is important to note as she uses her “availability during the full week to be with the children” as leverage during the custody evaluation.

• September 1st, 2004 – Court hearing before Judge K— regarding where the children will attend school. Judge K— ruled in my favor after hearing the details of the circumstances and S1 attended [Something] Elementary school as planned. S2 was “permitted” to go to pre-school at St. [Catholic School] if we agreed with that. We did. I return to work that morning. PEW left the courtroom extremely angry.

• September 1st, 2004 – While at work, hours later, I’m in an important meeting regarding a new start-up we’re doing in [another country]. My cellphone rings and I look at the display… it’s a phone call… from the marital residence. I remove myself to a private conference room and answer. It’s PEW. She announces she broke into the house and that she is moving back in. She claims to have fired her attorney, broke her apartment lease and that’s that. Unable to talk her out of leaving, I call the police, explain the situation and tell them that I am heading home and wish them to be present for the discussion. Discussion, cops, discussion… the police inform me that there is nothing they nor I can do to get her out since she’s on the deed (no settlement yet). She can stay. So, I resign myself to the fact that, for at least the short term, we’ll have to go back to living together and try to do it amicably. The children were present for all of this. S1 and S2 think that we’re “getting back together” and even begin telling all of the neighbors that we’re “getting back together to be a family again.” This was a very difficult ordeal for the children to experience.

• September 2nd, 2004… I speak with my attorney, who suggests that I file a Protection From Abuse Order. I explain to him that I don’t think it’s a good idea, tell him about the suicidal overtures discussed by PEW the previous night, and tell him that I was afraid that doing so might push her to follow-through. Further, given the nature of her work, filing one could result in her losing her job which would put further pressure on her. Later, I go to the police station in [town] and describe the conversation that PEW and I had the night before where twice she made references to “wanting to end it all” and “if I lose these kids, I dunno what I’ll do, probably kill myself.” I tell them that I fear for her, my boys, and myself and that I suspect that she COULD even injure herself and try to make it look like I assaulted her. They take the report, I go home. We discuss the logistics of S1 getting off to school next week. I make some calls to adjust planned arrangements for after-school care which should no longer be necessary. She runs errands with the boys telling me that she is going back to her apartment to get the hermit crabs for the boys and some other things. Upon her return, I tell her that I am going into the office and she tells me to wait… she wants to talk about something. She sends the kids in the yard… and she announces she is moving back out. I get upset. I tell her that this charade is going to wreck these boys. She feigns an attack at me, in my estimation, to try to get me to put my hands on her… I retreat to my car across the street and she comes out in the driveway and at the top of her lungs (in an effort to try to get the attention of neighbors) goes into this disgraceful, expletive-laced tirade screaming to them “DO YOU KNOW WHAT KIND OF NEIGHBOR YOU HAVE?!?!?” and she is unrelenting. In the meantime, the children are in the front window witnessing all of this. I just lean against my car waiting for the police again… (there is still nothing that they can do). While waiting, I asked her if she had brought the
firearms that she stole from me (today was one of the many promised dates of the return of them). She then made the threat about the guns. During our exchange she informed me that she didn’t break her lease and she did all of this on the advice of her attorney. The police arrive and they tell me that there is still nothing they can do, not even about the firearms because they are “marital property” as far as they are concerned.

• September 3rd, 2004 – Due to her behavior and attempt to start a physical confrontation, I feel I am left with no choice but to file the PFA that [my attorney] suggested the previous day. I follow-though on that. (Later, PEW would tell me that her actions were suggested by her attorney.)

• September 8th, 2004 – Hearing on the PFA. Prior to going to trial, PEW’s attorney makes an offer to settle the matter and agrees to turn the firearms over to the Sheriff’s Department immediately. I get exclusive possession of the home, very specific exchange details, not stalking, abusing, harassing… and the well-being associated with the fact that, given her suicidal discussion, she will no longer be in possession of the firearms. Sometime over the course of the next two weeks, PEW informs me that Sheriff’s Deputies have been at her apartment looking for her and she asks me if I know what it is about. I discover that she hasn’t turned the firearms over to the Sheriff’s Department and that a bench warrant was issued. My understanding is that she had to go to court and explain why she hadn’t complied with the order to turn over the guns. Apparently, no sanctions were levied and the firearms were eventually turned over to the police.

• Between September and October of 2004, we attend multiple custody sessions with [Custody Evaluator 1]. She doesn’t want to review the evidence I have brought regarding PEW’s abusive behavior and inability to parent the children effectively. She doesn’t even consider nor does she want to talk about the circumstances surrounding the break-in at the marital residence with the children and the subsequent PFA, dismissing it as “lawyer posturing in a custody case.” PEW accuses me (without any evidence whatsoever) of being physically abusive, a drug abuser, an alcoholic, a philanderer, among many other things. In November of 2004, her recommendation comes in an it effectively relegates me to 6 days per month (during the school year), the children to go to school in PEW’s school district (despite Judge K—’s previous ruling). Part of her decision hinges on the understanding that PEW’s work schedule affords her full weekdays with the boys and the belief that my only reason for wanting custody is because PEW wouldn’t agree to settle on the house.

• November 2004 – On the advice of my attorney – I begin to negotiate with PEW for a more even custody arrangement. He tells me that the court relies “heavily” on the recommendation of the evaluator and that there was no possibility that we would be able to overcome her recommendation. Effectively, if we went to court, I would more than likely get what [Custody Evaluator 1] recommended. So, I followed his advice. Given the fact that this ruling effectively eliminated any chance of keeping the marital residence for the children’s sake and the sake of the best logistics for PEW and I to manage coparenting, we agreed (initially) on a 50/50 arrangement and to put the marital residence up for sale agreeing to split assets 50/50. This occurred on or about November 29, 2004. At some point during this time, PEW pays, on her own, to have the house reappraised. The appraisal comes back some $18,000 higher than when it was appraised in the Spring. She makes new demands based upon the new appraisal (more money) and it’s a figure I cannot accommodate.

• November 30th, 2004 – PEW begins to renege on the agreement we worked out between one another on assets. She decides that she wants the van and additional cash of $5000.

• December 2nd, 2004 – PEW begins to renege on the agreement we worked out for custody and asks for “more time” to reconsider before I have my attorney draw up the paperwork. She complains about her legal fees and how she feels she deserves more money. PEW threatens to initiate litigation. She regularly uses [Custody Evaluator 1's] custody recommendation as leverage to alter agreements between us. Whenever she didn’t get her way, she used filing for custody and using [CE1's] recommendation as a threat. This would continue over the course of the next month or so. At the end of this email exchange, she again agrees to the terms we had previously discussed on both matters.

• December 10th, 2004 – PEW informs me that [my attorney] will be getting back the agreement with some “minor” changes. One issue – instead of alimony ending immediately, she demands that it end when the divorce decree is entered so that she can continue to collect more money.

• December 16th, 2004 – I find out that the “minor” changes included reducing my time with the children from 50/50 to where I had them only 11 days per month (maximum). Additionally, she wanted me to pay alimony until the divorce decree was obtained (money). Further, there were addendums for me to pay for car repairs, essentially warrant the car she chose to keep with $5,000 cash for 90-days. I protested but was met with threats of litigation and use of [CE1's] recommendation, so I complied believing that 11-days was better than 6-days per month. She also said that it was not about money, it was about logistics and that she had no intention of filing for a support modification if that was my concern. (Shortly after the agreement was entered, she would do JUST that.)

• December 28th, 2004 – She sends me an email complaining about the Mercury in the snow and blaming me for her decision to take the car and the cash.

• December 30th, 2004 – More car complaints. First threat to take initiate a modification of support in the aftermath of our agreement because she deserves more money.

After starting out the first year of this mess with a “win” on the school issue (my attorney was excellent during that hearing), I was hopeful. However, my hopes were crushed as every step of the way I started to realize that not much had changed since my parent’s divorce. I truly felt I had lost before I ever got started. The horrible experience with the custody evaluator only emboldened PEW to make ever increasing demands. As a result, my fears over total financial devastation and loss of the children increased dramatically and I was left scrambling trying to make the best of what was now a very bad situation - only getting worse. All the while, PEW was flexing her new found leverage with the Custody Evaluator’s Report to continue to beat me into submission.

6 Responses to “Timeline 2004 - Part 2”

  1. Stephanie Says:

    Oh. My. Gosh.

    Your description of what happened with the Custody Evaluator was chilling. My Hubby had very similar experiences - the CE refusing to hear what he had to say about her crazy antics and emotionally abusive behavior, all the while falling hook, line and sinker for ED’s false allegations of physical abuse.

    It’s unbelievable to me how much the courts rely on those CE reports to make decisions, despite the fact that many of them are unqualified, and so very biased toward men.

    What insanity.

  2. schottsax Says:

    Yep;

    Your attorney took the “don’t rock the boat” approach with the custody evaluator. They are all one big happy club and no one wants to make the other look bad. They all work together and they care a lot more about each other than the people who pass through the system (they talk tough in front of their clients but it is all an act).

    He could have challenged her and not only exposed her bias and incompetance (lack of doing her homework on significant issues like situations where the police and firearms are involved) but also got all this introduced into evidence.

    Imagine the testimony….

    CE: “no I did not consider any police reports or firearm issues because I just assume that the parties were acting not in the best interest of their children on the advice of their attorneys”

    Interestingly while in the middle of my custody dispute my attorney shared an opinion that came across his desk from one of our local judges who was new to the bench. It excoriated the custody evaluator and rendered a decision very different from the recommendation. The fact that this was all the talk of the legal community shows how rare it is.

  3. Mister-M Says:

    schottax - I’ll be getting to the CE itself in the near future, but the one big point with the COUNTY program which the court refers you to (unless you elect to go with a private evaluator) - requires both parties to sign a waiver that PROHIBITS EITHER SIDE FROM CALLING THE CE AS A WITNESS OR TO ACCOUNT FOR THEIR REPORT/FINDINGS.

    I don’t think people quite understand how horrendous this arrangement is and it’s similar in many places across the country.

    The court-appointed CEs (program) are not accountable for their reports. They charge a couple grand in fees, make a report, and that’s it.

    That is a very scary arrangement that tens-of-thousands of people go through.

    ZERO ACCOUNTABILITY. So, they could just ignore you all for 6 sessions, fabricate and entire report in which the judge will place a great deal of weight in rendering a decision… AND THERE IS NOTHING YOU CAN DO ABOUT IT.

    N-O-T-H-I-N-G.

    They could say you walked in with a 40-ounce beer while smoking a joint every session, abused your kids, and attempted an assault on them.

    They can’t be called in for questioning or verification. Granted, that’s an extreme example… but a waiver is a waiver. You can’t call them to testify either for you or against you… and your family’s life is in their hands.

  4. JB Says:

    True story: a judge in Texas (and he told this story himself) had a he-said-she-said thing going on. She claims he’s abusive; he claims she’s PAS’ing the kids and that she is a filthy homemaker.

    This is the part where a CE would be ordered, and the games would begin in that arena. Except this was a radical new judge who had no faith in the system or the CEs.

    He immediately ordered two officers of the court to go to the mother’s home. Right then and there. As in, leave right now, grab a digital camera on your way out the door so you can take pictures, see you in a couple of hours.

    Then he took the kids into chambers, gave them some sandwiches and cokes and ate lunch with them. By the end of the lunchtime, it was obvious that the kids had been PAS’ed and that they had never - not once - witnessed any kind of abuse from their Dad.

    The court officers returned with pictures of a home with animal feces on the rug (among other nasty images).

    The judge made a ruling in about two minutes: sole custody for Dad, graduated supervised visits for Mom at a state-sanctioned facility, contingent on her continued progress with a mental health professional. CS was waived temporarily, contingent on Mom proving that she was spending the money on therapy instead.

    Sometimes, every once in a while, they do get it right.

  5. WC Says:

    JB - If I had my way that would happen in every single case, as soon as someone filed asking for anything other than shared custody. It must be unannounced, and/or, each household should be taped 24/7 for 30 days. The kids should always be talked to, not berated on the stand by attorneys, but by the judge, to see for himself, with no one around. Not by a CE with the parent present just to see how they act around them, they’ll rarely get the truth.

    You’ll see it later but the third evaluator in LM’s case went to PEW’s house and saw an out of control dog attacking her and hurting the kids, one kid bit the other, etc, and yet she got the nod for better parent. While LM got castigated for “demanding respect” when he asked one of the boys to not interrupt him while he was talking.

  6. vamomma Says:

    In my case, we went to numerous…numerous evaluators. I remember the one we had to go to for parenting classes….after he left DD 4 in the cold to punish her after she wet her pants and she got beginning stages of frostbite.

    So, because of this, we were both ordered to go through counseling. Lovely. I sit through all the parenting classes. They have evaluators come out un-announced to look at our homes, spend days with us…etc. Lovely.

    They find he has poor parenting skills and that he has no desire to improve. The find that, shockingly, I am an ok parent.

    The first CE says that he is a danger to himself and others. They ask for another interview with him becuase PB didn’t understand. He finds that PB is fine, I am the crazy one. I am paraphrasing here.

    The judge feels he’s an ok parent…says he’s ready to parent…supervised visitation is ditched. The first overnite, he rapes my oldest. She comes home talking about golden showers with peed pants and blood everywhere.

    Took her to the doctor….after a while because I still couldn’t believe it was him…they removed his rights…then they gave them back. Couldn’t prove that he did put the scars there even though she said he did. The DA refused to prosecute because she’s handicapped.

    He walked. And I got sued because CYS had taken away his rights.

    In our case, the judge talked with the kids. Just he and the lawyers present. DD 1 told me she told him EVERYTHING and she said he just said…ummmhmmmm…that was it.

    “Why didn’t he believe me mommy? Why would he let me be hurt? What did I do wrong?”

    I think too that judges should NOT be elected as they are in state 1. It is just one big country club and politics. So, if lawyer 1 gives 2k to your campaign fund and lawyer 2 only gives 100 or not any…and both of them come before you…well…humanly, who are you going to favor? Especially if you want to be re-elected?

    The system needs to change massively.

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