Two points -- TH is seeking the abatement, so the burden is on her to show why it's necessary. Not on KH to show why it isn't. The court could find that her reasons don't justify the relief sough even if it completely rejects KH's arguments about why it's unnecessary. Although I have to say, I rarely see a Judge force a case forward if there's ANY way it can be taken of the docket instead.
Second, you seem to be saying that KH's motives are bad and wrong, while TH's are sterling. I disagree with that completely. TH has already demonstrated that she's willing to give up all access to her toddler rather than take the chance of testifying or pleading the 5th. That clearly is her objective in this instance as well, imo.
And KH's motive isn't to *sling mud* as I see it -- as if that would be necessary. TH is practically loading the mud and hitting the *sling* button herself, imo. I can see that one of his strategies, if not his exclusive strategy, is to force TH to cave on all issues so she can once again avoid testifying or allow herself to be evaluated by a custody evaluator. My my, that won't look good, will it. Sounds like a pretty good strategy to take if you happen to be married to someone who you believe tried to have you killed and disappeared your son one way or another. And I think he and his lawyer know it will work, because it already has happened once. jmoo
jmoo
I actually agree with most of what you said. The only thing I would disagree with you on is the issue of motives. I actually give Kaine more credit than you do. I don't think he is slinging the mud to get a better divorce settlement - if he is, it won't work because divorces are pretty much a mathematical exercise these days and courts don't care about the underlying relationship issues or who was the better person. I think he's slinging the mud to pressure her to talk in the Kyron case, which is a good and pure motive in my mind. I also think Terri is more concerned about the effect of the divorce proceeding on her prospects in the criminal case than vice versa. Either way, she is motivated solely by self-interest. So I give Kaine more credit on the motive front.
I do think that, however honorable his motive, Kaine is really abusing the court system by putting nasty allegations about Terri in these filings - even though they are clearly legally irrelevant to the issue addressed - and then releasing the motions to the press at the same time he submits them to the court.