Craig and I appeared in Court for a "status conference." Basically, it was the Judge telling us how we would proceed. Originally, it was scheduled for mid-June but our attorney pushed for an earlier date. Katherine and Ana also were at the hearing.
It didn't start off well. It seemed like the Judge was taking his frustration out on our attorney the first 15 minutes (since his earlier decision had be reversed by the appellate court). He clearly stated that he and our attorney had different translations of the appellate court mandate.
Then our attorney pushed for immediate reunification with Liam, stating that the Judge was not handling this case properly--that he had transferred the burden of proof onto us when it should be the defendant providing the proof that I was not the father. The Judge and both attorneys were going back and forth in circles and basically, the Judge denied reunification at this time, siding with their attorney that he should not put the "cart before the horse" meaning that he, the Judge, has not determined if I am the legal parent yet or not. Our attorney asked him twice if he (the Judge) has made up his mind about the outcome or if he could give a fair trial. You can guess that it was very intense in that room.
Our attorney managed to impress a few things to the Judge, and namely that this needed to be resolved quickly and not drag on as in other cases. They all agreed a hearing/trial will last 3 days. It has been set and schedule for 27, 28, and 30 July.
Then once this was set, the Judge called Katherine's name and specifically told her that "reasonable" people settle issues outside of court. The only reason we go to trial is because one party has been unreasonable. He knows that our attorney has reached out to possibly mediate or come to terms, but that they have not wanted any part of it. Her intent is to cut all ties between Liam and me.
Our attorney has asked me for all potential witnesses and contact information. If you receive a call from my attorney, please do not be alarmed--just that they may need your affidavit and in many cases, may ask you to be a witness on our behalf. If you are not on the witness list but if you decide you want to be a the trial--we welcome all support. Our attorney encourages us to fill the court room with our family and friends.
I doubt Katherine will agree to any settlement. She has made it clear today that she and she alone (not even her partner, Ana) has total control over Liam. The Judge is stuck on definitions in the law which define a parent and a sperm donor. We really have no idea what the outcome will be based on this. However, our attorney made it very clear to the Judge and the others that he was committed to this case until Liam is reunited with his father.
Thank you again for hanging in there with us. If you have any questions, please feel free to call or email me.
Monday, May 24, 2010
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