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Tuesday, September 20, 2005

Response Rough Draft

One month before my wife took control of a $400,000.00 trust her father had left for her, I was served with divorce papers and a cycle of irrational behavior and outrageous claims started and continues to this day. We were married for almost a decade and as far as I (and everyone else could see) thought we were happily married. I was a loving and caring father and devoted husband despite what Moira claims. I have years of home videos to prove it. Holidays, Birthdays, Vacations, great memories that chronicle the course of years and the births of our three children and my son from a previous marriage of whom I had custody of when we met and continue to raise as a single parent to this day.

As for her accusations as to my drug use. . . . it mirrored hers. We both smoked some pot on occasion. During the trial she admitted to the court that she had lied about her drug use.

I was ordered to be evaluated by the East-side Recovery Center. I called them up and visited their Summit Branch and was evaluated by Benjamin Ross on July 23, 2003. After a several hour evaluation, Mr. Ross made an expert professional determination that I had no problem with drugs or alcohol. As a result of his conclusion, there was no need for random UA's and he did not recommend any follow up treatment. I was prepared to take as many UA's as he thought fit as my primary goal was to spend time with my children.

It was not long after that, when Moira and her lawyer said, "They didn't like the results of the evaluation, and wanted me to see someone else", adding that Mr. Ross did not conduct the evaluation properly and that somehow I had manipulated him and the truth. On October 6, 2003 Mr. Ross wrote a letter to the court stating that his evaluation was in accordance with the Washington Administrative Code (WAC) 388-805-310.

I was then ordered to go to Comprehensive Evaluations Northwest. On Oct. 23, 2003 I talked to Joan Norton, I explained my situation (my business had closed in June and I didn't have the funds to pay for the evaluation). I asked her if I could be put on a payment plan. She said that they didn't do that. She suggested that I ask Moira to lend me the money since she had $400,000.00. I asked Moira and she refused.

Through out the process of our divorce I quickly found out what happens when one party has a great deal of money to invest in a campaign of hate and misdirected anger and the other party has none and attempts to represent one's self in the family court of law. I did not refuse to participate in the parent evaluation, I just couldn't afford it. However, there is nothing in that report other than her self reported delusions of my alleged neglect and out of hand drug abuse. The evaluator talked to my first wife who said I was a good father and had no reservations about our son living with me.

I attended the Divorce Lifeline Course. I enrolled but did not complete the Apple Parenting Class as there were work conflicts. While Moira was throwing money around like it was going out of style (I have bank records showing her spending $30,000 in the month of March 2003) I was trying to make a living paying the spousal maintenance ordered as well as child support and my own mounting bills.

I have tried to spend as much time as I could with the kids. For over a year I saw them at least twice a week. I would make them dinner and do homework with them. It was not uncommon during the summer for me to pick them up in the morning and drop them off in the evening. We would go swimming and hiking. (Once again, plenty of home videos to show the love, joy and involvement I share with my children). It always puzzled me, that if I was the chronic drug addict that she alone reported; why would she put 3 kids under the age of 7 in my car and let me take them swimming. It just doesn't make sense.

Moira states, "That our children were not my main priority". She was a stay at home mom, I was the bread winner. Throughout our entire marriage she put me behind the 8-Ball financially. Her excessive spending was the primary reason for the demise of more than one business. You can only rob Peter to pay Paul so much before you're out of business. I worked long hard hours providing a quality of life for my wife and kids and this is how she thanks me. By dumping me as soon as her trust came due and restricting my access to my children.

Her lies upon lies show the depth of her delusions. I can't count the amount of times she has denied me visits during the holidays, birthdays and the many times throughout the year that I have asked to spend time with the kids. Most recently, for a month and a half she restricted ANY AND ALL physical contact stating that she had been on 3 different vacations during that time period.

When Moira moved in January to Cle Elum, I wasted to time contacting Joan Norton At Comprehensive Evaluation Northwest. Now it was more important than ever to get the overnight visitation that I never stopped asking for. Sadly she had retired. I spoke to her business associate Nigel Lott who agreed to evaluate me for free. He said that in his business he had seen this sort of thing many times. Where an ex wife will make a man jump through hoops and urinate in a cup while another man watches in order for him to see his kids. From the start I was prepared to do whatever I could to see my kids. Nigel evaluated me for several months and recommended 4 random US's over the course of two months and once again a conclusion that there was no problem with drugs or alcohol. Nigel said that he checked with collateral sources. When I asked If he had spoken to Moira, he said that she did not return his call. As far as this goes, it's out of my hands. Who do you believe, a professional drug evaluator. . . or a lying bitch.

Moira states, "I feel this is yet another attempt of Tom's to avoid the previous orders by not stepping up to the plate and doing what is expected of him in order for our children to be safe while with him". Yet she continues to put the kids in my loving care as recent as August 30th and Sept 6th. Am I safe or unsafe she should pick a story and stick to it. . . like a normal psychopath.

Moira says that I had a "hidden bank account" . . now were into conspiracy theories!? I had an IRA that my father opened for be well before we were even married. I have never touched that account. She accuses me of closing bank accounts after they were garnished and opening others in someone else's name. When an account was garnished and cleaned out of course I closed it, what else was I going to do? As for accounts in someone else's name, As with every other ridiculous claim, I flat out deny it! Where is her proof with any of her hateful and outrageous accusations!?

I respectfully ask the court to grant me the sort of parenting plan that most divorced people have. Every other weekend OVERNIGHT VISITATIONS, a fair split of holidays and birthdays. I have been evaluated, I have pissed in a cup, I am current on child support. I have complied to the best of my ability with all of the courts orders and would ask that fair treatment be served. If I suspect that she has been drinking or using drugs I should be able to demand a drug/alcohol test for her as well.

The bottom line is. . . I miss my kids, my kids miss me. I just want to spend more time with them and I am prepared to do whatever it takes.

3 Comments:

Anonymous Anonymous said...

Nice response, Tom, but, I think you should tone down the anger and accusations for the final written court response. Try to be factual and accurate, with emotions of frustration and concern, as opposed to anger and hurt. Moira's petition does that, so you will hurt your own case by possibly coming off as she calls it, "retaliating." Speaking from years of experience dealing with an irrational, uncooperative ex, who spent the money she didn't have taking us to court. Good luck.
Hope this is helpful.
Love,
Aunt Janey

5:51 AM

 
Anonymous Anonymous said...

Although I can understanf where you are coming from, to an extent, I agree with Aunt Janey on this one. I think words like pissed and bitch should be removed because they clearly show your anger, which is what Moira is aiming for. If you lighten up on the wording and such, it may turn out better because then you are proving Moira wrong... you are not exhibiting "irrational behavior". Just what I think.

8:24 AM

 
Blogger Tom Frank said...

I have a lawyer who is working for free!!! IF he wants the response changed, I'm sure that he'll do that.

Thanks for your comments. Input is always welcomed.

9:31 AM

 

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