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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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my wife said if I give her my medical records and my counselor

Customer Question

my wife said if I give her my medical records and my counselor records she will let me see the kids with visitation supervised only
there has been no supervised visitation set by any court this is just what she wants. She went to the court and got a emergency restraining order under false accusations to attempt to keep me away

is this EXTORTION? and if it is can i sue her and her lawyer for extortion.
Submitted: 1 year ago.
Category: Family Law
Expert:  Seattle Scott replied 1 year ago.
Boy she sound's like a real peach of a person.

It is not extortion though. It would be extortion if she had your records and threatened to disclose them to your employer unless you agree to certain terms of visitation. Is her "offer " in writing from her attorney and is it offering supervised visitation even before they know what the records contain?
Customer: replied 1 year ago.

yes her lawyer emailed the offer to my lawyer and it is offering supervised visitation even before they know what is on the records. however they would have the records well in advanced of actually getting me supervised visitation so it would be easy enough for them to take back the visitation offer after seeing the documents. I believe they don't have a leg to stand on in regards XXXXX XXXXX accusations on the restraining order and are looking for ammo to try and uphold the restraining order.


 


also, A concern of mine is that if i accept the supervised visitation when i clearly don't need it as i was the primary their whole lives. that it might paint me into a corner and might make judgments unfounded by courts as they may not understand that i did this on my own free will. I don't want to be treated legally different just because i accepted the terms. Am i making any sense.


 


also, if i refuse the offer which i don't think i can do as i have not been able to see my boys for 30days now and i don't think it is in the best interest for them to have their father just dissapear out of their lives. And i don't want anyone to be able to say .....See he didn't want to see his kids anyway.... so i am feeling like i am in catch 22.

Expert:  Seattle Scott replied 1 year ago.
Well I defer to your lawyer, but I wouldn't agree to supervised visitation while waiting for the hearing on making the TRO semi permanent. Oppose supervised visitation and if court orders it, then deal with it. But I agree with you, if you agree to supervised visits it will be hard to get that terminated. So don't give up your records, but let your lawyer get a copy and review.

When is the next hearing on visitation?
Customer: replied 1 year ago.

they keep changing judges and until it settles on one and gets recorded my 10 days timer doesn't even start. also, they lumped my restraining order in with temporary custody hearing which i was told required a mediation hearing between my wife and i first before the court mandates anything.


So i believe i wont be seeing my boys for another 20 to 30 days. :-(


so sad that people will use their children as tools. I would never take the kids mother away from them.


Also, when she went to get the restraining order she told the judge that she didn't want the kids to be on it but because she was asking for an emergency restraining order that they had to be included. from that time she has had many requests by my father and my lawyer to lift the restraining order from the kids but she wont.


How does it make her look when we go to the custody hearing? and can my lawyer use this to our favor?

Expert:  Seattle Scott replied 1 year ago.
It won't look good at the custody hearing it will look spiteful and not in the children's best interests. Was she able to get the emergency order without notice and an opportunity to appear and defend by you? If so, there is usually a deadline for it to terminate if no hearing on review. I am familiar with a 15 day ex parte temporary retraining order without notice to the other side here in WA. Going 30 -60 days without a hearing seems to border on lack of due process.
Customer: replied 1 year ago.

i am confused about the whole restraining order


but i will try to explain it the best i can with what bits of information i have


i took the restraining order to my lawyer (i could have went to the court myself and asked for a hearing and it would have happened on the restraining order itself asap 10 days or so) but my lawyer said she was going to take the restraining order to a higher court and establish temporary custody orders at the same time. Now that it has been taken over by my lawyer and bundled up with the custody it has been put on a different time frame to be handled as all these papers have had to be filed judges have been changed 3 times once by my wife then reassignment from another judge to a different one and now my order for judge change also temporary custody orders have been submitted to the court but no judge has yet been assigned also i guess before the hearing we Jamie and i are required to do arbitration with each other to see if we can come up with a solution on our own. Its all a bit confusing to me not to have had the restraining order handled on its own. To me (and i might just be paranoid) it would work out better for the lawyers if they didn't just handle the restraining order because if they did and Jamie and i could talk again we might actually work things out on our own and then they would not have all the divorce paperwork in at the courts. almost like a holding pattern to assure the parties are well trenched into the divorce to assure their jobs. (call me a skeptic but i always try to see who benefits from something no matter who it is)


 



Expert:  Seattle Scott replied 1 year ago.
I think I get it. Even if you had handled the TRO on your own in the lower court and it was dismissed, you would then be left with the custody issues in the general jurisdiction superior court with the other divorce matters, so your lawyer just did what was required to keep everything in one court.

Divorce lawyers like happy clients and good referrals rather than making big bucks and getting bad mouthed by clients after the case is over.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

i think she is great but i do want to investigate the TRO a bit as it might not even be active anymore


thank you for your help in these matters


can i call the court and see if the TRO still stands?

Expert:  Seattle Scott replied 1 year ago.
Sure, call the court. The TRO either ends on its own terms as in an automatic termination after the passage of time, or an additional order vacating or terminating or replacing the TRO would need to be entered by the judge.

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