Return of Gabriel
Desiree:
Pursuant to the Court's Order this morning I would like to make the necessary arrangements for Gabriel's return. As you know the Court ordered Gabriel be returned IMMEDIATELY and the Court's primary motivation was Gabriel's school attendance. Therefore, I take IMMEDIATELY to mean in the next day or two at the most.
I've checked on the map and although there are no cities or towns exactly 187.5 miles from either of us (the total distance from your residence to mine is 375 miles) the closest place would be Chiriaco Summit, CA. That's where the General Patton Museum is (right next to I10). I propose we meet there (in front of the museum) for me to take custody of Gabriel from you.
I would like to pick him up tomorrow, Wednesday, November 9, 2011 so that I can get him back here and into school as early as possible. I understand that this is short notice (although not nearly as short as the notice you provided when you took him to Arizona!) but if we cannot execute this by Thursday, November 10, 2011 then I will conclude you are not willing to cooperate and I shall have no choice but to notify the Court.
Please let me know what time you will be able to meet to drop Gabriel off.
Fox
Fox,
As I currently have work and another child also in school, the earliest I can feasibly meet you in Chiriaco Summit would be this weekend - putting the amount of time after ruling at 4 days. I do however agree to meet you at the place designated by you [above], on Saturday, Nov 12th, 2011 to exchange Gabriel - baring any changes from the judge. Given the distance and time it will take to drive, do you agree to meet at 3pm on Saturday, Nov 12th in front of the General Patton Museum?
Desiree:
I absolutely do not agree to Saturday! The Court said "immediately". To be completely frank I am not concerned that you have work and another child in school. They haven't even started at the new school yet (although you told the Court today that they were already attending the new school). I believe the Court's intent with the use of the word "immediately" was that we drop what we're doing and bring Gabriel home today. Otherwise, he would have ordered you to return him "soon", or "by the end of the week". I am willing to defer it to tomorrow because I don't believe it is fair to Gabriel to make him pack his things on the spur of the moment, get in the car and be moved around (oh, wait, isn't that what you did in August...oh, yeah, it is).
As for you, I have very little interest in accommodating you further. You've done nothing but disregard the laws, lie to the courts, force Gabriel to do what YOU want regardless of his desires, and generally cause a lot of grief and misery for Gabriel and all of the people close to him. You're the person that agreed to custody terms that Gabriel said he wanted then, the next day, tried to get an order of protection against me! You're the person that, behind my back, came and took Gabriel to Phoenix just before I was to be released then tried to start a new custody proceeding and obtained an ex parte emergency order barring me from seeing him! You're the person that didn't consider your live-in boyfriend's violent criminal history "relevant" enough to inform me of it! You didn't consider the mediation important enough to even call them, let alone show up for it (even though you were ordered to do so by the Court). You didn't attend the PACT class. You didn't tell the Arizona court that their was a pending case in California. You accused me of "hiding" Gabriel from you for nine years. You accused me of often leaving Gabriel alone in the car while I'm in the bar getting drunk all night - lining up bullets on the bar! No! I will not go out of my way for you any more. The Court ordered you to immediately return Gabriel to me so he can "return to the school and the home he has been in all his life, until August" (I believe that's how the Judge put it).
My suggestion to you is to call work and tell them that you cannot make it in tomorrow, get in your car with Gabriel, and bring Gabriel back to California as the Court ordered you to do! I believe Chiriaco Summit is about a 3 1/2 - 4 hour drive from Peoria.
I do not believe that you will comply with the Court's order to immediately return Gabriel to me and I believe you will try to delay it as much as possible. I must inform you I will not tolerate a single delay in Gabriel's return. It is my intention, at this point, since Friday is a holiday, to go to the Court Thursday morning with the ex parte request unless I have evidence that Gabriel is on his way or already in my custody.
And finally, I believe there were some things that Gabriel brought with him - such as his glasses, and that Liz had to send you his birth certificate because you did not have one. I insist these, and any other items Gabriel brought with him or which were provided to you by me or Liz, be returned with Gabriel.
Fox
Desiree:
Perhaps this can help:
dictionary.com defines "immediately" as such:
without lapse of time; without delay; instantly; at once
see http://dictionary.reference.com/browse/immediately.
I believe it is well within my rights to demand that you put Gabriel in the car and meet me at Chiriaco Summit in five hours. But, I am willing to give it until tomorrow so as not to disrupt Gabriel too much.
I am proposing I pick Gabriel up from you at the General Patten Museum Wednesday afternoon. I'm sorry if this is not convenient for your schedule but I get the impression the Court does not care about your schedule at this point. So, do we have an agreement then, on Wednesday afternoon? If so, give me a specific time to meet you there. If I do not hear back from you before midnight I will assume you object.
I'm sorry, I forgot to include this definition from dictionary.law.com:
immediately
adv. 1) at once. 2) in orders of the court or in contracts it means "as soon as can be done" without excuse.
It seems pretty clear the Court's intent was for this to happen today!