Good, good news!

lovehadleyMay 30, 2009

BM is in TROUBLE with the GAL.

Apparently, she REFUSED to sign some sort of confidentiality release at the eval. place. The GAL called to speak with them and fax over records and the people refused b/c BM had refused to sign.

The GAL was hoppin' mad. We heard from our attorney on Friday that the GAL was most likely going to ask the judge to order BM to re-complete the eval.

I guess this all went down the morning of BM's evaluation and the GAL didn't get in touch with OUR attorney until the next day, and then it took a day for HER to get in touch with us.

DH and I are both SO relieved. THIS totally explains why BM passed the eval! The evaluator had NO IDEA about the circumstances that brought her in. I'm sure BM just said "oh, la-di-dah, I'm in a custody case and my ex thinks I have a drinking problem but I don't."

This explains so much and DH and I feel hopeful once again that this could all still work out!

Seriously, I think that sneaky move is going to make BM look REALLY bad.

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kkny

Well this is good news. I hope they make her pay for a re-evaluation, if she refused to sign release for first one.

    Bookmark   May 30, 2009 at 7:02PM
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sweeby

Well now THIS is interesting...
And kinda puts things into a whole new light.

You know, I'm wondering if refusing to sign might have been on the advice of her lawyer --
because if the GAL didn't really care, it just might have worked.
Does her lawyer have a reputation for dirty tricks by any chance?

    Bookmark   May 30, 2009 at 7:30PM
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ceph

Well, in the context of the wrong phone number fiasco, yes, I'd say BM's lawyer likes dirty tricks.

    Bookmark   May 30, 2009 at 8:40PM
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justnotmartha

Well isn't that interesting? Explains a lot, doesn't it? Fingers crossed that this situations gets corrected so the evaluation can serve it's purpose.

    Bookmark   May 30, 2009 at 9:43PM
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nivea

Oh wow, that lawyer must be something else. Fingers crossed too!

    Bookmark   May 30, 2009 at 9:54PM
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kkny

I think the court or GAL (whichever reqruied the eval) also failed to provided sufficiently specific instructions to the evaluation facility. They should be aware if the facility requires waivers signed, and should have told them do not do the eval unless waiver signed.

    Bookmark   May 30, 2009 at 10:05PM
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imamommy

I'm glad to hear they are on top of it, and not letting her get away it. Nothing surprises me... lol, it's something SD's BM would pull. ha ha.

Slimy lawyer for sure! Creeps like that... maybe make BM look worse than she makes herself look. At least if she had an honest lawyer, it might make her look better than she is.

    Bookmark   May 31, 2009 at 12:05AM
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mom2emall

Oh this is good news! Keep us posted.

    Bookmark   May 31, 2009 at 12:10PM
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nikemama

Wow, Okay so is there time to have the stuff done over in regard to the next court date or is that going to have to be continued again.

I think I would ask the court to require her to pay for both the old and the re-do. I also wouldn't let the court miss the fact that the phone number was wrong. What a mess!! I am SURE the judge is going to look long and hard down his nose at this one. That is AWESOME!!!

    Bookmark   June 1, 2009 at 9:17AM
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quirk

It sounds to me like she's stalling for time. Sooner or later, she is going to have to give the court the records of her court-ordered eval, this is just delaying the inevitable. Just like giving DH the wrong phone number, even if it had worked would have just delayed the inevitable. (she couldn't have blamed it on him, with him having the wrong phone number in writing, from her lawyer). Sooner or later she would have still had to do the evaluation.

So-- is she just desperate and stalling because she doesn't know what else to do, or does she have some plan in the works? Not that I have any idea what that might be. Just saying, be careful.

    Bookmark   June 1, 2009 at 12:31PM
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wild_thing

That is great news! She will get hers soon.

    Bookmark   June 2, 2009 at 4:09PM
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lovehadley

It definitely was per the advice of her attorney.

Her attorney apparently told her (and the GAL) that NOTHING was in writing requiring the GAL to have permission to speak with the evaluators.

AUUGHHH.

This will get continued till early July. According to our attorney, who has spoken with the GAL, he is going to recommend to the judge that BM be ordered to re-do the eval, at her expense. But this is just another delay.

I do think BM is stalling for time, who knows why. I guess the longer amount of time that has gone by since the incident at our house, the less *serious* she thinks it is. Who knows.

One interesting thing--DH and I have read through the parenting plan in detail (some of it is soooo confusing!) and we have discovered that a motion to modify cannot be filed without FIRST going to mediation. So THAT is good news.

    Bookmark   June 3, 2009 at 11:46AM
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sweeby

I'm guessing BM's trying desparately to clean up her act, and that her lawyer's advice was to stall, stall, stall! to give her time to get and stay clean. If the evaluation is postponed for six months and BM can stay 'under the radar' for six months, she'll have an easier time trying to show that she is 'better now' and that the incident was a fluke than if the evaluation was right after the incident.

Is there any way you can keep an eye on BM now to see if she really is staying clean?

    Bookmark   June 3, 2009 at 2:30PM
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