Forms for ex parte hearing
Desiree:
Attached are the forms and declaration I will be submitting for the hearing on Friday, February 10, 2012. These have not been signed but I will provide you a hard copy as soon as possible or at the hearing if you appear in person. In the meantime this should give you an opportunity to prepare a response or defense. There are also 25 exhibits but I would have to scan those so I'll just send you the hard copies of them. (No, there will be more exhibits because I should include all of the emails I've sent you in case you try to claim, again, that I was "harassing" you by sending you an excessive amount of emails.)
I would also like to point out that today in court you and Kristopher claimed that you have accumulated some $7,000 in legal fees because of me. Actually, YOU were the one that initiated the proceedings in Arizona. I was responding to YOUR action, you were not responding to me. Therefore, I had nothing to do with your legal fees from Goldfarb. Had you kept your word to me, and Gabriel, and Liz, and taken the time to build a relationship with Gabriel before going off half cocked and whisking him off to Phoenix just before my release, then pulling your incredibly ill advised scheme of trying to start a new proceeding in Arizona then none of these legal proceedings would have been necessary and you wouldn't have had to spend a penny on legal fees. I didn't bring it up in court today because it was not material to the matter at hand.
I would also like to address the claim that you and Kristopher made, repeatedly, that I am doing this because I am still hurt and I am jealous that you are with Kristopher. Desiree, the year and a half you and I were together was one crisis or headache or nuisance after another. Just when things started going well you wrecked the car so we had to delay moving into that apartment; then you became depressed because you didn't know anyone in LA, so I agreed to move to Phoenix so you could be close to your mother during the pregnancy; then you brought your druggie friend to live with us in Torrance; then you started using drugs again. The nine years you were gone were peaceful and prosperous. Almost as soon as you got back in mine and Gabriel's lives all this bullshit started up again. But like I've said before - nothing you do surprises me. I grew up in a white trash family so I've seen it all before. You're so much like my mother that it amazes me. Anyway, I don't like or respect anything remotely related to white trash. You were a brief interest when you were 19 - 20, you were something of a "trophy wife" at that point but there are two problems: 1) you're not young and attractive anymore, and 2) the headaches that go with you aren't worth any perceived benefit. I do admit, though, you are intelligent (now if only you were able to think for yourself). You have that going for you. You're just so incredibly ghetto. And clingy. I don't like clingy. Oh, yeah, and you try to emulate whatever person you're in a relationship with. You have no personality of your own. These are things that I find utterly unappealing. I'm not saying this to be insulting or to hurt your feelings - Lord knows I have no concern for your feelings - I am trying to make the point clear that I have absolutely no interest in you. I have no jealousy toward your boyfriend - if anything, I feel for him having to deal with your never ending string of drama. And one more thing: you're a pothead. I have no respect for people that use marijuana. It kills your motivation and makes your brain clouded and slow. Perhaps if you were a little more dignified, had a little more class, and were not constantly getting yourself into messes then relying on others to bail you out maybe I could see some possibility. Oh, and you're not Jewish. And your kind of a slob - I mean you're car and apartment/house always seem to be a mess. Alright, so, if you can think of any redeeming qualities that would offset these traits feel free to let me know.
You have a post on your Facebook page from August 8, 2011 wherein you give a big thank you to the universe for always bringing what should be. I find that decidedly amusing given everything that has transpired over the last few months.
Anyway, if you have any questions or want to try to resolve the pending visitation issues amicably feel free to contact me. But please remember, I've tried repeatedly to work things out civilly when you had Gabriel in Phoenix and you fought me at every turn. Even when Gabriel returned here in November I honored his request to spend the summer, winter and spring breaks with you. He has since decided he has no interest in continuing visitation and with your drug problems I have a very legitimate concern for his safety under your care.
Finally, Gabriel was a little disturbed that you drove all the way from Phoenix and didn't even bother to stop and say hi or let him know you were here.
Fox
This is the kind of harassment I'm talking about Fox. You know full well that 11 years ago I was going through a period where I wasn't myself. My "drug friend" did come out to stay with us...but I wasn't hanging out with her or her lifestyle - I was with you. Since then you have NO idea what I've done or what my life has been like. You say the last 9 years were bliss? What about about 2005 - 2007 where Liz didn't even know where you and Gabriel were...or the drugs during those years...or the arrest that separated you from him. Sounds pretty blissful to me. You want to talk about broken promises? I have at least 2 letters written from you to me while you were still in custody saying "you don't need to keep communication with me now that you and Gabriel are speaking" and "as long as he is comfortable, you are his mother and I will support that." But...that was before you heard he was going on a trip with me and freaked out cause you were consulted with...I was under the impression I didn't need to - from you. That's what started this whole ship sailing...that and Liz thinking she had ANY right to prevent me from speaking with or seeing Gabriel regardless of what the 2 of you brainwashed him into thinking about me. Let me ask you this Fox - if I have such a bad drug habit - how come I've been with the same multi-million dollar organization for 4 years now, with the maximum annual raises possible and 3 title promotions...hmmm - yep, sure sign of someone who has a problem. Sure - go ahead and try this angle too - since the restraining order didn't work. Lets have the courts look into my flawless 10 year record (since the case in AZ WILL be dismissed), tax paying, debt paying, college graduating, successful mother of one and see them match MY life to your assumptions...again. Smoke and mirrors will only work for so long before the glass house comes falling down. I would love to be there to see it happen, but I think it might be hard on our son to finally realize something about his super-hero Daddy...Daddy's wrong about EVERYTHING...and I WILL win.
Desiree:
If you consider this harassment and do not wish for me to respond to your claims or allegations then stop making them. As long as you accuse me of something or make claims, like that I'm in love with you, then I have the right to defend myself against such claims and to voice my side of the argument. Also, you are under no obligation to listen to, or to read my responses.
As for everything else that you said in your email I'm not going to bother responding to them. If you bring them up in court or on the record I will respond.
By the way, you forgot to bring Gabriel's clothes and you still have not provided the information for the dental or vision insurance.
Fox
Desiree:
Alright, let's return to civility for a moment, shall we? What I said in my email is my perception of the situation. If you disagree, then fine. You're entitled to do so. But making unrelated accusations to try to make me look bad is not a reasonable debate tactic. If you disagree with my statements then address those statements. If you want to lodge additional complaints or allegations then do so, but do it in a civilized manner. I try to refrain from raising claims against you until I have proof or evidence to support those claims. So far you've submitted no proof of any of your claims. If you are right about something then I will concede the point. I've known about your drug use for a while but I couldn't prove it so I kept quite. I chose to give you the benefit of the doubt.
Now, again, I am not trying to keep Gabriel from you. I just don't want him around people using drugs and I don't want him around drugs. I also don't want him around people who are violent, emotionally unstable, or who have a propensity towards violence. Based on your drug use I would have a very strong likelihood of seeking and obtaining an order prohibiting ALL visitation until you can prove that you're clean. But I'm not seeking that. Think about it for a second.
I'm not telling you to quit getting high. You can do what you want with your life. But I will not knowingly remain idle knowing Gabriel is going into a potentially harmful situation or environment. And the California family court does consider a parent who uses drugs to be a harmful or dangerous environment. The fact that you have a medical marijuana card actually works against you in this case. It proves that you use marijuana on a regular basis and that you are likely to keep it in the home. The fact that the card decriminalizes that has no relevance in California family court.
Now let me reiterate one crucial point: I am acting in what I believe is Gabriel's best interest! I don't care about you or what drugs you use. But I will not knowingly allow Gabriel to spend time around people who are using drugs and who have a history of violence. And once again, this is not about winning, as you ended your email with. This is about what is best for Gabriel and it is my sincere belief that what's best for Gabriel is to be in my care with me making reasonable, rational decisions about how to raise him. I don't use drugs and I barely drink (I have about one cocktail every couple of weeks).
Finally, based on your assertion that this is harassment I will continue to abstain from communicating with you except under the two following circumstances: 1) you fail to fulfill your legal obligations as Gabriel's biological mother, and 2) you lodge, on the record, allegations or claims about me. You can say whatever you want about me outside the court record but if you make claims in court or in your declarations I have a right and an obligation to respond to them.
Fox