Hello All
As many of you know I have second trial scheduled for Jan 2013. As I informed you all before our Judge (who seized him self after trial number one) removed himself as trial Judge for trial #2 for very well understandable reasons even it means much more work for me.
During our last meeting with a judge he invited both of us to have settlement conference and try to settle this case. He said he has some ideas how we can avoid trial.
I am very interested in hearing his Honour ideas as I did not want go to trial and now being recently laid-off do not want it even more as I have much more important things to do than preparing for trial. It's not like I am afraid to go to trial or I have something to hide. I know I did not do what she will try to prove I did and I pretty sure that I can prove it close to beyond reasonable doubt.
But in reality how you can settle this case? I think that most realistic offer from me would be
1. Mom to undergo complete psychiatric evaluation and treatment following the result if prescribed. Need for that is quite obvious and reason for that to hopefully after she get help she will stop doing what she is doing hence continuing hurting little boy.
2. Mom to have supervised access until child can clearly understand what is going on and prevent actions of other parent which would lead to abduction (what I meant is that kid can tell at least on the border his name and tell that his dad need to be notified asap - you got a point). And what that age would be ? 6-7 years old?
* Honestly looking now what she is using those visits for (calling CAS, police, just continuing to lie etc..) I am not even sure she should have it until #1 complete.
Mom on other hand think that there is no even remote possibility to settle. She clearly describe her position regarding settlement conference in her recent communication:
Apparently in her mind there is nothing worse can happened to her than what she has now. It also obvious that she look on trial #2 as possibility to get back what she lost during trial #1. It also clear for me that she do not even that she may loose even what she get after trial #1.
So question is how you would settle this case considering all history? I should agree with her on one point nothing really give me 100% security that she will not take off with him until he can say no himself or notify appropriate institutions. And not I do not want to put bracelet on him with GPS tracking device.
I would appreciate any comments on the matter.
Thank you,
WD
As many of you know I have second trial scheduled for Jan 2013. As I informed you all before our Judge (who seized him self after trial number one) removed himself as trial Judge for trial #2 for very well understandable reasons even it means much more work for me.
During our last meeting with a judge he invited both of us to have settlement conference and try to settle this case. He said he has some ideas how we can avoid trial.
I am very interested in hearing his Honour ideas as I did not want go to trial and now being recently laid-off do not want it even more as I have much more important things to do than preparing for trial. It's not like I am afraid to go to trial or I have something to hide. I know I did not do what she will try to prove I did and I pretty sure that I can prove it close to beyond reasonable doubt.
But in reality how you can settle this case? I think that most realistic offer from me would be
1. Mom to undergo complete psychiatric evaluation and treatment following the result if prescribed. Need for that is quite obvious and reason for that to hopefully after she get help she will stop doing what she is doing hence continuing hurting little boy.
2. Mom to have supervised access until child can clearly understand what is going on and prevent actions of other parent which would lead to abduction (what I meant is that kid can tell at least on the border his name and tell that his dad need to be notified asap - you got a point). And what that age would be ? 6-7 years old?
* Honestly looking now what she is using those visits for (calling CAS, police, just continuing to lie etc..) I am not even sure she should have it until #1 complete.
Mom on other hand think that there is no even remote possibility to settle. She clearly describe her position regarding settlement conference in her recent communication:
Dear Mr.*********.
It seems to me that you are starting realize that what you done is not a joke anymore. What I can't get that why you want to settle anything in first place and reason, why I cant get it is that, person , who truly "fears" abduction, will never settle to anything. That person SHOULD ANd WOULD go to COURT and SECURE child!!!.
But we all know that, you never feared any abduction and there is plenty of prove to that. You did all this circus to take child from me , to make child and me suffer, and not to pay money for child. As CS was first thing on your mind to ask. In any case. You made very serious accusation/allegations and you should pay for it. Your poor judgment is not in child best interest and that is why custody should transfer to me. If you want to settle without court, give me my time back, my health, child health.... can you do that? Of coarse you cant. Can you compensate all what *Son* and I lost due to your insanity? Of coarse not. So what can you "offer" to "settle". Let hear you out.
I will not leave this as is. Or you think I will? Even ,if you give me at least my lost time ( which will reduce your time to EOW and wens-days) min 2 year(I did math) and full custody of *Son*, as that would be in his best interest. Even this will not stop me to go to trial ( to both trials). I will never leave this, as is. You should take ALL responsibilities for what you did. So, you can go to his Honor and talk. He likes you and will give you perfect advice. I am not required and his honor will dismiss you ( as he clearly said, I may not attend if I wish , he will understand me). There is NOTHING you CAN offer me.
best regards
It seems to me that you are starting realize that what you done is not a joke anymore. What I can't get that why you want to settle anything in first place and reason, why I cant get it is that, person , who truly "fears" abduction, will never settle to anything. That person SHOULD ANd WOULD go to COURT and SECURE child!!!.
But we all know that, you never feared any abduction and there is plenty of prove to that. You did all this circus to take child from me , to make child and me suffer, and not to pay money for child. As CS was first thing on your mind to ask. In any case. You made very serious accusation/allegations and you should pay for it. Your poor judgment is not in child best interest and that is why custody should transfer to me. If you want to settle without court, give me my time back, my health, child health.... can you do that? Of coarse you cant. Can you compensate all what *Son* and I lost due to your insanity? Of coarse not. So what can you "offer" to "settle". Let hear you out.
I will not leave this as is. Or you think I will? Even ,if you give me at least my lost time ( which will reduce your time to EOW and wens-days) min 2 year(I did math) and full custody of *Son*, as that would be in his best interest. Even this will not stop me to go to trial ( to both trials). I will never leave this, as is. You should take ALL responsibilities for what you did. So, you can go to his Honor and talk. He likes you and will give you perfect advice. I am not required and his honor will dismiss you ( as he clearly said, I may not attend if I wish , he will understand me). There is NOTHING you CAN offer me.
best regards
So question is how you would settle this case considering all history? I should agree with her on one point nothing really give me 100% security that she will not take off with him until he can say no himself or notify appropriate institutions. And not I do not want to put bracelet on him with GPS tracking device.
I would appreciate any comments on the matter.
Thank you,
WD
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