Thursday, March 6, 2014

Abuser Seeking To Terminate Parental Rights of Protective Mother Inlcuding Third Party

I was recently in court on reduction of child support since the current child support order orders over 60% of my pay in child support PLUS attorney's fees or I will face a 6mo prison sentence on April 16, 2014 despite my current disabilities, unemployment, and efforts made to comply with current order prohibiting me and my ability to survive at a basic minimum. It shall be noted that I made numerous attempts to file this motion since June 2013 with stall tactics by the courts and refusal to allow the filing til after August 2013. I waited over nine months to be heard with constant threat of imprisonment every time I went to court. Where is fair due process?

While in court, my abuser verbally petitioned the court to terminate all my parental rights. The judge and my ex tried to get to me agree to the termination in court without legal representation and without the offer in writing despite my reluctance to make such a harsh decision.

What is ironic despite the ludicrousness of this, my abuser has only cared about money as demonstrated by actions throughout the time I have known the man. This also includes the admitted theft of several financial accounts including my father, putting him in Chapter 7 Bankruptcy. He has NEVER demonstrated any actions that were the best interests of the children as evidenced at trial and court documents.

It is bad enough he is now petitioning to terminate my parental rights, but another thing to petition the court to hold me accountable for any third party actions.

Excerpts As follows on February 25, 2014:

"In an effort to totally resolve the issues which continually bring you and Mr. Joseph to Probate Court, Mr. Joseph proposes the following:
  1. You are to have no contact, i.e. no meetings, no phone calls, no texts, no presents, no gifts, no emails, no letters, no third-party contact, no communication of any nature, with any of the children until each attains the age of 18 years old. At that time you may contact each 18 year old daughter as they and you agree, or not.
  2. (8) ... The parties further agree that they will not cooperate with any 3rd party who may attempt to bring legal suit against either party for monies owed.
  3. (9) You will not post anything of any nature regarding the children, Mr. Joseph, or his wife Andrea in writing. This includes, but not limited to, the Internet, websites, articles, or blogs.
Failure of you to adhere to the terms of a signed Agreement, containing the provisions in this letter, will result in reinstatement of all monies owed, including but not limited to $55.00 per week from the date of the original Order from Judge Roberts. In other words, if you comply with the Agreement when you owe him nothing and if you should breach the Agreement, then you will owe all the money that you presently owe plus $55.00 per week that you would have had to pay in the absence of this Agreement."

First of all ... after my ex slipped in a one liner in my divorce decree at the signing table that says that I will indemnify him harmless for any monies owed to my father. At the time I assumed it was regarding a $3,000 car loan we still owed my father for Saturn we bought. I had NO IDEA he was referencing that I indemnify him harmless in an actually criminal act of stealing my father's entire life savings. He later admitted in a testimony in Court in 2012 to taking the money and using it for personal use. The check was made out to him personally and they VERY withdrawal form from my father's account was in my abuser's handwriting. Therefore, acting as my father's securities representative without a license to do so and using the money for personal use not as he said he would by investing it for my father. The family court judge who overheard this case and the evidence supplied to the courts demonstrating a crime had committed did nothing...not even a forward to the DA's office for investigation.

I learned my lesson from that horrible experience. To this day I still harbor enormous guilt that 1) I married a man who could do such a horrible thing to my father who was so good to him 2) I did not know what had transpired until after the act was done. I would never have signed such a document if I knew what happened. 3) later finding out how verbally abusive my ex was every time my elderly father inquired to the status of his monies. My father worked hard for his money and is at a time in his life he should be enjoying life and semi-retired, not still trying to keep a roof over his head at 73.

I will not repeat that same mistake again. I will NOT sign away any third party rights to go after my abuser civilly or criminally. I learned my lesson the last time. That clause has NOTHING to do with my parental rights. Clearly by the mere fact he added that statement in there, I must know something or some legal action has already ensued that I am not aware of as of yet. Just like the last time when I signed my divorce decree.

If all my abuser has been seeking since I have known him, is money then why all of a sudden is he willing to waive it NOW after asking the judge on at least 4 occasions in the last year to incarcerate me for six months while falsifying evidence and refuting 100% compliance with orders at that time?

What is it that he is so insistent that I do "not cooperate with any third party"? Does this include do not speak to the FBI or State of Massachusetts or IRS or SEC etc who may contact me. These are all agencies I know there are possible pending legal actions.

So what if the children's godparents, cousins, grandparents, uncles, aunts,  or agencies like DCF contact them, and I am held responsible for their actions? Termination of MY parental rights does not preclude the rights of any third party and I can NOT nor will I be held accountable for any third party actions as I can not control that.

So  if I understand this correctly, I post that I miss my children on my facebook page and may even post a #throwbackthursday picture constitutes violating this agreement?

Your thoughts on the topic would be greatly appreciated.  Thank you

No comments:

Post a Comment