Wednesday, August 25, 2010
What do you think...
I may not be able to see you, but where ever you are, you've been a true friend at times when I've really needed one. Now I'd like to take an unofficial poll. Derek has sent a "proposal" to his attorney. Not in writing, but he's suggesting that he will drop that ridiculous child abduction law suit if I will agree to some form of visitation with the children -- in another country, the country where he's living now. Now don't worry, there is no way on God's green earth that I would let my children out of this country to be with that man, believe me! And actually, I would prefer that he have no influence at all on them. However, my attorney is telling me that because he is the children's father, at the end of this whole thing the judge will almost certainly give him some form of visitation, at the very least, supervised and in our jurisdiction. So he's suggesting that I put together a proposal of my own of conditions I would agree to, in the hopes of avoiding a big, expensive court battle. Well I can tell you now, I don't like it. Although I recognize what he's saying and that in the end Derek may get supervised visits, I can't escape the feeling that this giving him that now is not being true to the very real feelings I have regarding his anger issues and abuse. I think that to agree to him being in our lives at all means that I'm negating all that I've said. I stand by my statement that he's a dangerous and unstable person, who's attempted suicide twice, once with the knife. I also know that he is a con artist, and that he doesn't think for a second that he has an anger problem, and therefore he has no intention of improving himself. He's told me this many times. So to send my children into the presence of this man feels like sending them into the wolf's lair, court supervised or not. On the other hand, if it's absolutely gong to happen regardless, is it perhaps better to have it happen on my terms, with me sending forth a proposal that I can somehow live with, rather than waiting for a judge to do it long after both sides are financially ruined? Additionally, if we come to an agreement now, I can try to negotiate some support from him, after all, if he can see his children, he also must support them. Don't forget he's living in another country so I would never be able to collect court-ordered child support unless he voluntarily gives it, and he would only be motivated to do that if he can see his children. But even this bothers me. I feel like I'm bartering my children somehow. I don't like it. I'm conflicted. What to do... Until next time, dear friends...
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4 comments:
Sounds like a catch 22. I would contact my local women's abuse shelter and seek additional legal advise. I'm with you. You really don't want him to have any contact with the children at all and based on what you've shared I don't think that will "necessarily be the case". A sane judge would say "are you kidding keep this man as far away from these kids as possible". My gut says he doesn't really want to see the kids anyway but that he wants to feel like he's in control and know that you're afraid of him. I say don't give in but then again I'm no attorney and don't know the details. Seek out good counsel. We're rootin for you.
Dirt poor workin at wally world eatin beans and potatoes is way better than beholdin to a crazy man.
Lawyer here. I agree with your attorney that he is going to get some form of visitation unless you can prove that his presence will harm them ... and unfortunately, your word on that isn't going to do. I agree that you should do this on your terms. And I absolutely agree that you should not agree to any visits that are not supervised since he is capable of absconding with the children just to hurt you. Supervised visitation is something you should definitely fight for. Based on what you're telling us, he should not be allowed to have those children alone under any circumstances.
Unfortunately, however, he is their father, and he is entitled to visitation with them. The good thing is that he's unlikely to hang around for very long, since if he settles in your jurisdiction he is liable for child support payments. I doubt he will hang around for that.
seriously - this is an case where you really DON'T want to be taking advice from blog readers.
you need a lawayer, experienced in this area of the law, in your jurisdiction, who can tell you with some certainty how a court will decide.
I think your lawyer sounds like he has framed the problem properly. What you need is a good idea of
- if you fight for no visitation at all, what is a court likely to decide, and what conditions might they apply?
- if you set your own conditions now, do you have the iopportunity of setting more stringent ones.
and no doubt other questions.
talk all the possibilities through with a lwayer, and perhaps you can afford to talk to another lawyer as well for a second view
good luck
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