Last attempt at an amicable resolution
On Sun, Jul 21, 2013, 11:13 AM, Patrick Fox wrote:
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Sun, Jul 21, 2013, 11:13 AM
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Last attempt at an amicable resolution
Desiree: As you know, you started a new position 3 weeks ago. As of yesterday, I put a deposit on a 2 bedroom apartment which I move into on August 1. My current position pays, after taxes and deductions, about $80,000 a year (my disposable income). The project manager is going on maternity leave later this year, at which time I there has been talk of me taking over her role, which will put my disposable income at about $108,000 a year. Since I have absolutely no bad credit in Canada, I have been able to get approved for a loan of $20,000 which I intend to spend entirely on legal fees. In addition, I intend to spend ALL of my income (minus cost of living) on legal fees. I have been in contact with a lawyer in Los Angeles and have provided him full disclosure of material, including all of our emails, and he is willing to take the case. He will be charging $250/hour but he has an incredible track record. Obviously, I would rather put that money toward Gabriel's future and education...but I am prepared to put every resource I have, and to get myself grossly into debt, to get Gabriel back and to have you removed, completely, under court order, from both of our lives - permanently. From my conversations with Gabriel, it is clear that is what both of us want! School here starts the day after labor day. I have already completed the required formalities to be able to enroll him here (because he was not born in Canada) and he has been approved. I have applied for his Social Insurance number. He is covered under my medical insurance and is the sole beneficiary of my life insurance. This is my final attempt to resolve this matter amicably. I hereby request that you return Gabriel to my custody before the start of the BC school year, with all of his belongings. If you continue to refuse to cooperate, in Gabriel's interests, then my only remaining alternative is to proceed with the lawyer. And let me be perfectly clear: if we go down that road EVERY aspect of your life WILL be scrutinized, his investigator WILL research, document and record EVERYTHING you are doing and have done for the past 10 years; every disciplinary action or behavioral report about Sage will be brought up; every single time you, Michael, Kristopher, your mother, your brother, and anyone else close to you has ever interacted with any law enforcement officer, not paid a bill on time, will be scrutinized; every past and present employer and landlord will be interviewed; every person you've lived with or associated with will be questioned; every tax return, every credit card bill, every bank account, every medical record (including psychological/psychiatric) for all the relevant people in your life will be found and picked apart (medical records are confidential but investigators always have ways around that). Every time Sage choked a kid at school it will be found. Every person you've ever had any relationship with, or slept with, or even just had a drink with, will be found and questioned. Every person that comes to your home, or whose home you go to; every person you work with, will be researched and questioned. Every person you have ever betrayed, lied to, deceived and mislead will be located and interviewed. I anticipate it will cost me well over $100,000, and I accept that. I know, given your personality, that you would not respond to threats, and that you will see this email as a threat - and to that end, I do not expect you to even consider returning Gabriel. I fully expect you will respond with hostility and further delude yourself into thinking that you'll be fine. But, if I know anything about the justice system in the US (and in Canada, too, I suppose), it's that in the end you will be left with nothing - you will be broke, ridiculously in debt, out of a job, likely out of an apartment, and you will lose in court, either way. You know as well as I do, that given your performance (in dealing with me) over the last 8 months, your refusal to cooperate in Gabriel's interests, your deliberate actions to complicate things for me so that you can get custody of Gabriel, your explicit request for an order prohibiting all communication between Gabriel and I, and the Court's expressly stated interest in maintaining the status quo (which would have Gabriel in MY care - 8 months is not a significantly long enough time for the status quo to have shifted), that the court is going to order you to return Gabriel to me anyway. You'd only be delaying the inevitable and forcing Gabriel to continue to suffer (he hates it in Arizona, he doesn't like Sage, and he's afraid of you). We've found ways to communicate without having to use your landline (because we still believe you are recording/listening to the calls). He is not of the same social or behavioral strata as you, Sage, and whoever your fiance happens to be this month. He doesn't feel like he fits in with all of you, and he just doesn't want to be there. No matter how long you keep him there, or how many things you buy him he will never be one of you and he is smart enough to tell that all of you will never fully accept him as one of you - he just doesn't share you values and beliefs. Anyway, it's up to you to decide how we proceed now. You know my position and intentions. If I do not receive an affirmative response by the end of the week I shall presume you oppose my request and shall proceed accordingly. Good day! Fox P.S. If nothing else, think about this one thing: it is because of your own, deliberate, actions of repeatedly filing reports with DHS that I am now in a position to cause you a lot more difficulty, legally, and that I am doing as well as I am. Had you not done that then maybe I'd still be in LA struggling just to get by. I suppose, for that I should thank you (but I won't because I truly despise you and have concluded that you really are one of the most foul people that has ever existed) (stated with my usual tone of indifference).
On Sun, Jul 21, 2013, 12:45 PM, Desiree Capuano wrote:
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Sun, Jul 21, 2013, 12:45 PM
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Re: Last attempt at an amicable resolution
You do what you feel you need to.
On Sun, Jul 21, 2013, 1:04 PM, Patrick Fox wrote:
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Sun, Jul 21, 2013, 1:04 PM
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Re: Last attempt at an amicable resolution
Okay then. That's all I needed to hear. I've done my part and made numerous good faith efforts to work things out and you've repeatedly refused to put any effort into it. I'll let Gabriel know your position and where things stand, because apparently you don't. Good day. Fox
On Sun, Jul 21, 2013, 9:58 PM, Desiree Capuano wrote:
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Sun, Jul 21, 2013, 9:58 PM
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Re: Last attempt at an amicable resolution
You didn't propose anything beyond giving Gabriel back to you and disappearing. That's not a compromise. Did expect me to say yes? At least when I offered an "amicable" solution it offered time with us both in an attempt to be fair. Not your style, I know. So - do what you need to do. I am not scared and I have nothing to hide.
On Mon, Jul 22, 2013, 7:28 AM, Patrick Fox wrote:
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Mon, Jul 22, 2013, 7:28 AM
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Re: Last attempt at an amicable resolution
I would like to point out that you have a history of agreeing to things when you think you have no other choice, or that you won't prevail, then reneging the first chance you get - like in September 2011 when you agreed to the terms Gabriel said he wanted, then the next day tried to have your attorney prohibit communication between me and Gabriel; or in February of this year when you admitted that you knew you would not prevail in court and "just wanted to do what's best for Gabriel", then when the court erroneously granted you custody you completely disregarded what you earlier stated you believed to be best for Gabriel. Therefore, any proposal you make is not credible. My desire to have your visitation and contact cancelled is based on my sincere belief that you are a bad person, and my desire to protect Gabriel from that. Your actions don't seem to be based on Gabriel's interests or well being, at all, but rather on your desire to spite me and to not have to pay child support. I'm saying this based on your record of refusing to cooperate in Gabriel's interests - for example, refusing to provide money for his shoes (or anything else, for that matter) when I was temporarily unable to do so; getting him a phone then cancelling it because he didn't want to visit you; living with and vehemently defending the actions of your tweaker, criminal fiance (and leaving Gabriel in his care while you're at work and he's getting high). My conclusion that you are a bad person is based on specific, articulable facts - not on assumptions. For these, and other, reasons I believe that your continued presence in Gabriel's life will only continue to bring grief and disappointment for him. I am unable to identify a single positive contribution you have made in the last two years. Fox
On Mon, Jul 22, 2013, 8:11 AM, Desiree Capuano wrote:
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Mon, Jul 22, 2013, 8:11 AM
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Re: Last attempt at an amicable resolution
You believe whatever you want to, it doesn't make any of it true - it just makes it your belief. You have always put your own spin on events - I no longer care. Take it back to court - I am not scared and have nothing to hide.
On Mon, Jul 22, 2013, 8:21 AM, Patrick Fox wrote:
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Mon, Jul 22, 2013, 8:21 AM
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Re: Last attempt at an amicable resolution
I'm unclear - what do you mean "believe whatever you want to, it doesn't make any of it true"? I've provided specific references to your very own words and actions. How is it not true? Since my belief is based on facts, which are undisputed because there are email records of them, then they are true, period. As for not being scared, that's irrelevant. I don't say things to make you scare, I was giving you a final opportunity to make things right. Personally, I'd rather return to court and destroy you for good so all of this can be over permanently and you can start accepting your responsibilities under court order...and go to jail for contempt of court, if you don't.
On Mon, Jul 22, 2013, 8:49 AM, Desiree Capuano wrote:
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Mon, Jul 22, 2013, 8:49 AM
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Re: Last attempt at an amicable resolution
Since you told me where he was, I have gotten Gabriel birthday and Christmas presents, school clothes and supplies (including 5 pairs of new shoes), $75 sent directly to you for science fair material while paying for a lawyer, court hearings you requested in another state and all visitation expenses for him to see me. In fact, the only one who hasn't paid a dime for Gabriel is you - yet you are the one screaming for child support. (I still have a the receipts as evidence). I agreed to Gabriel's terms and even did my best to follow them. I only tried to prevent communication when you tried to convince him you were Patrick Fox from Florida (which you obvious are not) so yeah, I didn't want the kid confused about what his last name was. So basically - everything you said is bullshit. Thank you and have a nice day.
On Mon, Jul 22, 2013, 9:17 AM, Patrick Fox wrote:
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Mon, Jul 22, 2013, 9:17 AM
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Re: Last attempt at an amicable resolution
$75 one time is a bit of a joke when your financial obligation under California law is $700 a month. You bought him clothes for school which he couldn't use for school because they didn't comply with the dress code which was stated on the school's web site, then you refused to exchange them for clothes he could use - so that point is moot. Birthday and Christmas presents are not basic necessities, so that point is also moot. You started the court proceedings buy bring him to Arizona and trying to get custody of him there, in a very underhanded way...the proceedings I commenced were responsive to your actions - so the point about legal fees is also moot. Moreover, you're representing yourself so you have no more legal fees...again, moot. The legal fees for your criminal case are your own doing...moot. Gabriel's home state was/is California so returning the case there was a matter of statutory law - moot. You did not agree to Gabriel's terms - you agreed to the court's terms, and you had no choice. You stated in your declaration that you wanted communication prohibited so that Gabriel could transition to his new environment - not because of my birth name. Visitation expenses were paid by you because you are the visiting parent - the visiting parent always pays the visitation expenses - moot. Fox
On Mon, Jul 22, 2013, 11:08 AM, Desiree Capuano wrote:
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Mon, Jul 22, 2013, 11:08 AM
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Re: Last attempt at an amicable resolution
All the clothes I sent had tags on them - you could have exchanged anything, so don't put that on me. You can dismiss my contributions all you want, the fact is - I contributed...more than you have. Thank you and have a good day.
On Mon, Jul 22, 2013, 1:51 PM, Patrick Fox wrote:
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Mon, Jul 22, 2013, 1:51 PM
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Re: Last attempt at an amicable resolution
You may recall, I did not have receipt for the clothes and you refused to provide them. I could not exchange them without receipts. Your response was "oh well, then he can use them for recreation clothes". Raising a child is not just about finances - it's also about teaching and guiding and instilling values. For the 9 years that you were off visiting Europe, going to school, and doing whatever else, I was being a parent to Gabriel. I was providing for him. Not you. The miniscule contributions you've made over the last 2 years are not exactly significant. And, they're grossly outweighed by the harm and damage you've done. Anyway, I've been admonished to discontinue ALL further correspondence with you unless it relates to Gabriel's well-being, so I must stop here. Fox
On Mon, Jul 22, 2013, 2:16 PM, Desiree Capuano wrote:
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Mon, Jul 22, 2013, 2:16 PM
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Re: Last attempt at an amicable resolution
No you weren't - Liz was raising him. You were a piss-poor parent before you ended up in jail - oh, I mean holding facility, and you've been lying since you got out (Fox) And expecting everyone rlse to pick up your slack. Do not speak to me of values, decency, and honesty, you have no right. Thank you and have a nice day.
On Sun, Jul 21, 2013, 1:43 PM, Patrick Fox wrote:
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Sun, Jul 21, 2013, 1:43 PM
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Re: Last attempt at an amicable resolution
So, I just spoke to Gabriel...don't you tell him anything? You just lead him along letting him think that everything is fine and pleasant. No wonder it seems like he's alright there. He had no idea that you were trying to get an order from the court prohibiting communication between him and I; or that by opposing my request for you to return him that he may have to spend another school year there - he was under the impression that he would be coming home by the end of the summer. Maybe that's why he seemed to be in good spirits. Have you noticed he hasn't been interested in making new friends there? Perhaps, that's because he believed he'd be coming home soon. I had told him, previously, that I couldn't make any promises but that I would try to get him home before school starts. He took that to mean that his time in Phoenix would, likely, end before September. So, I just explained to him where things stand, and that if the attorney doesn't think requesting another ex parte hearing is a good idea then there is a possibility he may have to stay there for another school year. Do you think he was happy to hear that? Let me tell you - he was silent. He said nothing. In May, when I told him that it may take a few more months to get him back he said "Wow, that's a long time." Do you really think that your actions are helping him in any way? Or that he has even the slightest interest or desire to remain there? Anyway, I told him that we need to prepare ourselves, psychologically, for the possibility that he may have to stay there for another school year. So, it's okay, you don't need to be the bearer of bad news. I also made sure he understood the financial implications of all of this - that much of my income would be going to the attorney so I can't guarantee that I'll have much extra cash to get him things; and that this is going to have a significant impact on my ability to provide for his education in the future but, obviously, at this point he's not too concerned about 6 years down the road. You're doing a great job looking out for the needs of your children there, Desiree. Have you ever considered actually speaking with Gabriel...you know, about what's really going on and how the world really works? Or is everything, to you, just about fun and thinking only about right now? Oh, I also told him that it is my intention to seek to have you removed completely from our lives, due to all the problems you've caused. He did say that he doesn't really want you removed completely. I asked him why. He didn't have an answer. I told him I'd take it into consideration. Fox