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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28499
Experience:  Attorney with experience in family law.
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The mediator in my daughter's divorce case spent only 40

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The mediator in my daughter's divorce case spent only 40 minutes with my daughter and the father in seperate rooms, due to the fact that the sight of him gives her severe anxiety. She was taken from her family support system in Minnesota with deliberate intent to isolate her here, deliberately working her up then taking pictures and making recordings, with the plan to take their 3 children completely from her. He had been cheating on her since the beginning of their marriage, which was devastating enough, but after getting ahold of his journal which he wrote in enthusiastically often. Our main concern is for their 10year old daughter who is deathly afraid of him. We have been granted the knowledge of his pedophile desires and have been able in retrospect see all the prepping that already had begun before they came to California. We also now know that he raped one of his daughter`s friends when she spent the night. This little girl left a picture of a penis she drew on my daughters desk. We never dreamed at the time that he was the preditor and she would not say why she drew it. I encouraged my daughter to go to her parents and report it to the police, which she did. They never got her to talk but she visibly changed after that and very sad. Who knows why victims never speak up, but as an incest surviver myself, I have great empathy for her. Ava is confused about what happened to her, starting at the age of Three while giving her bathes, just like my father did. Since then
My daughter has collected text where he shares with her his fantasies about f**king llittle girls. I know you do not have time for details, but when asked he said we may have to worry about Ava's friends, but not Ava. That is a bold lie. Why else would she be so terrified of being with him. My daughter feels great guilt about what she now sees clearly. We must protect her.
He is a smooth talker and has everyone. Convinced my daughter is crazy, and he should be the full time parent with my daughter only getting back minimal visitstion. He claim her 5yesr old diagnosis of Borderline Personality Disorder, along with ADHD, and an anxiety disorder. That developed after she lost a child to tubal pregnancy and almost lost her own life due to a misdiagnosis at the ER. She had been on a rather high dose of Xanax, which the mediator referred to as a psychotropic drug, which it is not. My daughter's mental health issues were brought up many times during the mediator,s report. We feel she talked about issues with only him pressenT,which is against the rules.
Simply put , she had no day in who the mediator would be, she spoke with him alone after she left, and she was smooth talked, without my daughter present into questioning my daughters mental health issues as a reason she would not be the best parent. That is discrimination. There were quotes in her recommendation that my daughter never herd discussed.
Shortly after the ER r they came to California, when she confronted him about his having an affair with a mutual friend, he hit her with his car which l e trying to escape her scrutiny. I took pictures of her viruses and encouraged her to get a restraining order. In turn he called CPS and very they both became involved. She dropped the restraining order and tried to work things out for the sake of the kids who had already seen to much fighting between them. When heOut the kids to bed I could hear him trying to turn the kids against their mother. But they would not be persuaded. They love their mother emensely and she makes them feel safe.
She was still in love with him then and had not yet allowed herself to see his twisted intent. It also took me longer than I can like to admit to see it. His journal was so reveling.
That thst we knew, we could not allow the marriage to continue for the sake of the kids. He tried to get her now by abandoning them. He dtopped paying the rent, stole the van so she had no transportation, and gave her no money. During this time he stalked her and slept in the parking lot where she lived, jacking off to kiddieporn. I can after her and kids and took them back to Minnesota to do the divorce. She was told there she had been gone two weeks tolong and would have to return here to get divorced.
While she was struggling, the kids were never happier. They were tired of him always making their mom cry. They went without seeing him for ninemonths and hoped they would never have to again.
Ava was nolonger sad all the time and both boys were noticeably happier. Their love for their mom IU s sweat VB and sincere efforts just as their fear of their father is.
Both the mediator and her social worker ,played games with her and lied about their intent. She trusted them and when she hit the report and recommendations from the mediator she was shocked. Both the mediator and her social worker told her it would be OK to go to Minnesota to help me after surgery I urgently need. Now they say if she leaves with her children she will have to face abduction charges and forced her to hand over her children to the man they are so afraid if. Court is in theMorning and she is paralyzed with pain and sadness. She needs an extension do she has time to get a lawyer and still wants to bring her children with her to help me.
She has not been able to function well enough to write her answer for the court, has no money for a lawyer, and does not know how to file for an extension. We have the proof that he is lying, but need time but to file it. My need gf or surgery is urgent but the kids sremore urgent. Ava is do scared of him but is trying to be brave. The two year old was still nursing and was abruptly ripped from her. The nine year old has never been to rested with kindness with his Dad and none of them want to be there. Most urgently, with need to save them before he feels safe to continue grooming Ava, and I know he will. What do we do?
Submitted: 8 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your daughter's situation. How horrible for everyone.

She has the ability to walk into the courtroom this morning and make an oral motion to continue. All that means is telling the judge that she needs more time to find a lawyer and asking that they be allowed to come back later. However, judges don't really like it when parties request continuances at the last minute - even if she'd been able to file it yesterday or the day before, there's a chance it would've been declined. Also, if the case is continued, she will not be able to bring the children to visit you in Minnesota. She'd have to stay with them in California until the next hearing, or she could be charged with child abduction. It's a crime to take children out of the state when there's a custody hearing pending without the consent of the judge or the other parent. She CAN ask the judge for permission to bring them to visit you, but she needs a set end date. Even if she gets full custody, if she wants to move back to Minnesota with the kids the judge will have to agree. That's important.

She also needs to prepare herself for the fact that the judge might decide to proceed with the hearing without granting a continuance, because it is so last minute. That means explaining to the judge everything you've told me and presenting evidence. She can bring the children to court to testify that they're terrified of their father. The judge has discretion to take them, one at a time, into his chambers to ask questions away from their father. Based on what you've said, that could help significantly. But what your daughter is trying to do is establish why it's in the best interests of the children to stay with her. That means he needs to know all about the father's interest in little girls.

And if you have reason to believe there is child pornography currently in his possession, you can call the police. That's illegal.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 8 months ago.

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