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Another loss

LuluOnce's picture

Won't be up long.

If you recall, BM (who has schizophrenia among other things) has been ordered to supervised visitation. The supervisor is GBM. In November, during a visit, GBM went in sat in the car in a parking lot/garage area and let BM take the kids shopping at a strip mall. OSDstb14 got very upset, told BM and GBM she wasn't comfortable being alone with BM without GBM and they both ignored it. It was also during a phase where BM was not seeing her therapists and was exhibiting manic tendencies (paranoia, non-stop and unintelligible communication to DH, etc.) 

The DH told BM they needed to move to professional supervision since GBM wasn't supervising and stated he nor the girls (which was true at the time) were comfortable with GBM as supervisor. BM took DH to court, there was a temporary judge that day, and he ruled in favor of BM stating that DH violated the CO when he wouldn't agree to GBM being the supervisor and sent the case back to FCS for review. BM then filed for DH to pay her attorney's fees because "DH was the reason she had them in the first place." In the meantime, GBM resumed the role of supervisor, BM "apologized for not taking her medication but now that she has better insurance promises she will take it now" and the skids think BM is totally fine and BM is basically mother of the year.

Got the report back today from the Family Court social worker.

Ouch. 

Highlights: the social worker acknowledges that "based on mother's repeated history of frequent psychotic relapses, there is reason father would be concerned over grandmother's supposed failure to supervise but as grandmother reports she was in eye site and earshot of the store in which BM and the children were shopping" -- side note, GBM wasn't -- "grandmother was still able to perform her supervising duties". Goes on to say that "mother has received glowing approval from her mental health professionals and it appears father is threatened by mother's progress". About the issue with the last reunification therapist, which DH fired after 5 months with no progress between BM and skids (he got another one right away and they are already scheduled for their first joint therapy session), the social worker writes "Although father has sole physical and legal custody and the court order dated XYZ stated that father had final approval of the reunification therapist, it is this writer's opinion that father should not have terminated the therapist and may have done so to control and punish mother. Current reunification therapist is XYZ. Both parties must agree to termination of services with current reunification therapist moving forward".

Report recommends the court adopts the following:

  • Mother's visits shall remained supervised as mother and children report they are not ready for unsupervised visits.  (BM did actually state she's not ready for unsupervised visits or overnights. Both kids told us that they told the social worker they wanted more time with BM but not unsupervised.)
  • Hours of mother's supervised visitation to be increased from 4 hours to 8 hours. (BM requested this. DH agreed to this during the interview, in front of both BM and the social worker so this isn't an issue.)
  • Mother is permitted to call and text children directly. Calls no longer need to be made through father's phone or put on speakerphone or at certain time of day. (BM requested this.)
  • Mother shall receive all holidays (lists major holidays) in even number years. (Not sure where this came from as NO ONE mentioned holidays AT ALL. But apparently the social worker wants BM to get all the holidays starting immediately.)
  • Father should begin individual therapy. (BM requested this specifically. DH stated in the interview that he began therapy immediately after this happened and actually even before BM did, but apparently the social worker "forgot".)
  • Father should consider joining mental health support groups to understand mother's condition. (BM also requested this AND co-therapy for both her and DH together -- but she didn't get the co-therapy. Even this is worked as a "should consider" so is not exactly a requirement. Additionally DH stated in the interview that he'd already attended months of these kinds of meetings and was very familiar with her diagnosis as four of BM's 8+ psychotic episodes happened when they were married.) 

There are a couple other recommendations that are completely non-nonsensical (to both BM and DH) but they are highly specific and I don't want to get into them until it's actually relevant  (i.e. BM refuses to follow them) so I guess I'll be posting about those soon enough! Haha.

There's more stuff from the interview that is summarized, but none of it is good for DH. He's big and mean and doesn't want BM to see her children (despite the fact that he agreed to extended visitation in the actual interview without any issue???) and BM is basically completely better (despite the fact that she herself states she's not ready for unsupervised visits???) and basically everything that happened has been DH's fault but it's kinda-sorta reasonable that he did these things but also he did them to hurt BM. 

Nothing DH brought up in the interview was addressed: the fact that BM stopped seeing her mental health professionals during the months leading up to the visit where GBM sat in the car, the fact that BM was acting manic and paranoid in the weeks leading up to that, the fact that GBM tells the skids that the current situation is all DH's fault because "he doesn't give BM enough money to buy her medication", none of it.

According the DH, the social worker was very responsive and even fair during the interview. He got his hand slapped for some things, BM got her hand slapped for some things. At one point in the interview, DH said the social worker told BM that "most cases are textbook examples of parents trying to hurt one another and be petty, but it honestly sounds like that is not the case here and instead DH is hyper vigilant because of BM's past episodes". But not a word of that is in the report, and in the fact the opposite is suggested in multiple places. I guess there is a tiny little tidbit where the social worker addresses the fact that GBM "should have deferred to the children's emotional well-being when OSD expressed fear and discomfort at being left alone with her mother" but there is nothing more than that that could really be considered negative towards BM. 

Attorney has advised that, based on the previous court date and this report, it is likely DH will have to pay at least some of BM's legal fees, possibly all. We can try negotiating now, or we can take it to court and end up with one of four scenarios: pay none, some, all, or all with sanctions (which was the recommendation of the visiting judge and could likely be supported by the report, since it alleges that DH may have tried to stop GBM from being the supervisor just to punish BM). 

 

Comments

LuluOnce's picture

How? He's not the one filing. BM is. If he doesn't respond, BM gets exactly what she's asking for. You know she's crazy right? LOL. You should see some of the things she asks for. No, he can't "just not respond".

Edited to add: However I believe he's in agreement that he will not be filing anything himself ever again. 

thinkthrice's picture

In this GUBM-centric world.   The scary part is that there have been so many deaths of children caused by psychotic BMs who were given endless "chances" to redeem themselves.

Sad

LuluOnce's picture

I worry about this so much. So much. So much it makes me sick to my stomach. 

I know there is nothing I can do about it so it's pointless worry. But each episode, she gets a little closer to death with her actions. Every time is worse than the last. What will the next one be like? 

And I do love my SDs, but they are young and don't use true logic. OSD especially. She thinks she can save BM. She hides things BM does (that show BM's full craziness) because she doesn't want to "get BM in trouble". She worries about hurting BM's feelings, so she almost always sides with BM. OSD told me in November that she wasn't sure she'd have the nerve to stop her mom or call the police if it happened again. She talked about how during this visit with BM, where GBM sat in the car and she was afraid, how she felt like such a failure. She thought she'd be ready for her mom and then when her mom was acting crazy, she just froze. She didn't call DH. She didn't call the police (not saying she should have but at the time, OSD thought she might need to). She just froze. She was very upset with herself.

I guess I will be thankful BM is currently sane enough to know she's not sane enough for unsupervised visits. I think if she would've ask for them, she would've gotten them. 

 

 

notsurehowtodeal's picture

Your worries are justified. DH should continue to try and empower both the girls, but especially the older one, to reach out for help if they need it when they are with BM. Sooner or later they are going to be alone with her again when she has a psychotic break.

Several years ago I was on a message board for those with difficult exwives and there was a case where a BM did try and kill herself and her girls with drugs. As I remember, one of the girls ended up going for help and they were both ok. The father had fought similar battles to yours and the court thought she was ok when she wasn't.

I feel so bad for you. Of all of the situations on this board, yours upsets me the most. Sending good thoughts.

Exjuliemccoy's picture

I'm so sorry, Lulu. 

Pro BM bias is still alive and well in Family Court.

LuluOnce's picture

Thank you, exjuile. It definitely sucks.

I think we were both just so shocked by the report because the interview felt like it went well enough to DH. BM stated her list of demands. DH agreed to many of them. To the ones he didn't agree to, he offered a valid reason why he was hesitant to agree and the social worker seemed to respond appropriately. Sometimes even agreed with DH and asked BM a follow up question that BM couldn't answer. 

So I can't figure out how the social worker arrived at "he's threatened by her progress". Hell, I can't even figure out where her progress is! BM says she's not ready for unsupervised visits. Kids say they don't want to be alone with BM. BM asks for more time in supervised visits. DH agrees. How is this an example of "threatened"? How is this an example of BM's "progress"? I just cannot connect the dots on this one. 

advice.only2's picture

This sounds just like the sh@t DH would go through with Meth Mouth!  I'm sorry it really sucks when the courts start defending the parent who is an issue and punishing the parent who is actually raising the kids.  We dealt with it for 7 years and it was hell! After awhile no matter what DH did the court took it he was attacking poor defenseless Meth Mouth who just kept getting arrested.  It got tiring to watch the courts bend over and kiss her meth adled a$$

Cover1W's picture

Wow - DH went through something similar with their court appointed social worker.  I read some of her reports and they were clearly, clearly biased to benefit BM.  She was looking for ANYTHING on DH at all, but nothing on BM - she could do no wrong. 

LuluOnce's picture

I am really frustrated, but what can be done?

DH is going to try to negotiate. Will BM and her attorney will accept? It's such a nasty report I think it's possible that they may want to take it all the way in hopes DH gets really super screwed and they can get even more money. 

But at the same time, BM hasn't paid her lawyer more than $700. If he goes to court to fight us on this, that's more time and money out of his pocket that he won't get paid for. He also runs the risk of getting less than DH is offering. Maybe BM's lawyer will just want any money he can get rather than dragging this out and possibly getting less than DH will offer? I really don't know. 

ndc's picture

Is there some path for DH to dispute factual things in that report?  I would hate to let it stand that GBM was in eye and ear shot when in fact she wasn't.   I would want DH's history of familiarizing himself with BM's condition mentioned.  And more.  I don't understand how these reports, filled with untruths and omissions, are allowed to stand as written.

SteppedOut's picture

It really is craziness. Honestly it basically depends on the mood of the worker... if they "feel bad" for the other parent. Perhaps are "jealous" of one of the parents (make more than them, have a nicer house, etc.) The family legal system is a f*cking joke. I'm a "dreaded BM" and say that. 

 

LuluOnce's picture

@ndc

There really isn't. The best we can do it file another pleading against the FCS report, stating we wish to clear up factually inaccuracies/ information not included in the report. But it's basically going to be ignored because our response is not part of the report. The report is considered factual. Everything else is considered opinion or he said/she said type stuff.

And it may be irrelevant anyway. The social worker we had the last time stated she didn't even read the case file so that she would remain unbiased. (and while her report had issues too, it also acknowledged BM was not okay and was not medically compliant.) The visiting judge from last Nov's ex parte hearing filed by BM didn't read the case file -- just BM's pleading. 
 

So what's the point? If we end up in court because BM and her attorney don't accept the offer, then we can present the inaccuracies to the judge. But what judge are we getting? Is ours going to be out again and we just get a random one? Will a judge even believe my DH, that his information wasn't included in the report? 

It really is a total crap shoot. A lot of unknowns. I lot of very very expensive unknowns.  

Thumper's picture

Social worker needs HARD cross examination by your dhs lawyer....

I bet she would  look like a schmuck when lawyer is done with her.

Would not take a lot either.

JMO and experience.

thinkthrice's picture

caseworkers are Girhippo GUBM types themselves.  The Gir was actually a senior CPS worker!!!! That just goes to show you.   Chef's nephew once dated a CPS worker in his county...you guessed it...Girhippoville.

She was at a bar and proudly crowed "yeah I'm one of those workers who take kids away from their fathers." (as she threw her head back with an evil cackle)