Originally Posted by Camp-a-roo
DP's ex saw this photo and brought it in to court as her starting place to at proving DP is an unfit parent.
Your point - that the photo couldn't have been taken if there weren't an interested party directly behind the children, in addition to the adult you can see in front of them - is on-target and important. The ex may find that this kind of crap backfires on her, because it will show the court that she is determined to demonize her kids' dad, no matter how far she has to stretch logic to do so. And what does that say about how she probably portrays your DP to the kids and to other influential people in their lives, like other relatives, childcare providers, teachers, their friends' parents, etc.? That makes her
look bad, especially if your DP takes the high road and he doesn't do the same type of thing.
It all depends on the judge. Remember, if things seem to be going badly, you're usually entitled to one change of judge just for the asking (i.e., without having to prove the original judge did anything wrong).
My husband dealt with several legal professionals who seemed to just accept
that if his ex used any key word like "abuse", "harassment", "intimidation" or "threat", whatever she
had done wrong (denying visitation, denying phone contact, blocking my husband's access to their child's school, requesting protective orders, moving the child out of state with scarcely any notice...) must have been the response she deemed necessary due to my husband's behavior. Finally
, a judge actually took the time to look at some of the specifics
his ex was complaining about. (One particularly glaring example: the ex moved 2,500 miles away 2 weeks before my step-son's birthday. It was my husband's year to have the child that day. Naturally, my husband e-mailed her that he would fly out to see their son for the occasion. She requested a P.O. in her new state, claiming my husband had "threatened" to "follow them" and that she and the child
perceived that as "stalking" and felt "intimidated" and "frightened"!!!!) The ex testified in front of this new judge that the reason she was so resistant to letting my husband have any parenting time when he flew out there to visit was because of a "history of abuse". With their previous judge, that would have been enough of a reason, without explaining what exactly "history of abuse" meant
. Thank God, this new judge cut her off and said something to the effect of, "What
history of abuse? You've never shown the court anything that a reasonable person would call abuse. The only history I can see here is your repeated, inappropriate use of that word
Sometimes reason does prevail. That judge awarded my husband sole custody. I hope that reason and common sense will prevail in your situation, as well.