2010.06.28 - Kyron's Dad files for divorce and restraining order

[Jo in Calif]

Well it doesn't look like Kaine feels it will be in the best interests of baby K to have any form of parenting time with her mother. Until a lot of things happen. Sounds like he's really serious in his allegations. Wonder if he has any proof?

 

[Billylee]

I hope our legal beagles are here. I'd love to hear them weigh in on this. I find it interesting that it sounds like Kaine is saying they are not ready to address this, or am I reading the document wrong?
Because I thought they were ready to address this 3 months ago.

 

[Donjeta]

I hope our legal beagles are here. I'd love to hear them weigh in on this. I find it interesting that it sounds like Kaine is saying they are not ready to address this, or am I reading the document wrong?
Because I thought they were ready to address this 3 months ago.

Not a legal beagle but IMO if he's set against her getting visitation he might as well use the 30 days to slow the matter down so even if she wins it'll be a bit later.

 

[nosysw]

Although I feel it is highly likely TH is, at the least, involved in Kyron's disapperance and I have gone on record as saying I believe a child's well-being is best served in having some type of contact w/ birth mother- well-supervised contact- I have to say I find Kaine's petition much more persuasive than Terri's. She should absolutely undergo a parenting and psychiatric evaluation prior to visitation and although this may in some way infringe on her defense if she is not able to do it then I would have to say no, she should not get the visitation. I don't see a judge granting it based on these 2 petitions without some kind of evaluation.

So when do we hear the next step- judge's decision?

(so I also think I have joined the longest run-on sentences competition, lol!)

 

[citigirl]

Right, thanks.

I completely missed that she asked for one when this http://images.bimedia.net/documents/Terri+Horman+Petition.pdf was discussed. Reading it again it's no wonder because Bunch doesn't really give any reasons why the hearing should be expedited and doesn't even mention it explicitly except under the title.

You asked a good question, though. Can a judge interfere with a mandatory response time? That does not make it mandatory then, does it?:waitasec:

 

[BeanE]

Well it doesn't look like Kaine feels it will be in the best interests of baby K to have any form of parenting time with her mother. Until a lot of things happen. Sounds like he's really serious in his allegations. Wonder if he has any proof?

BBM. If he already has proof, it begs the question why he needs so much time to gather proof (depositions etc).

I notice this document doesn't mention anything about LE and probable cause.

 

[grandmaj]

I am not a lawyer so I'll wait for a lawyer to weigh in but I got the impression in reading this motion that Atty. Rackner was pointing out a deficiency/error in Bunch's motion. Anyone else reading it that way? What I am referring to is paragraphs 1 and 2. Almost as though she is trying to clear up a mistake in his motion about what the law provides?

I hope Gitana comes on!

 

[believe09]

How the fence sitters feeling? This is the response I expected to see-she had a chance to contest the RO and waived her right. She wants the divorce deferred and to not be evaluated, deposed or make statements under oath. She wants to bypass these things and still be given parenting time with baby K.

I agreed with the statement that the court will have to make a decision in a vacuum AND it prevents Kaine from following through on any normal custody dispute as in subpoenaing medical records, providing depositions both sides etc etc etc.

It may be OK for Bunch to ask, but it seems to me unlikely it will be granted. JMO.

 

[txsvicki]

I've been wondering if Kaine and/or Desiree still believe that Kyron is alive, and guess this response says that he does, with the harm coming from the kidnap and being taken from his parents?

 

[Jo in Calif]

BBM. If he already has proof, it begs the question why he needs so much time to gather proof (depositions etc).

I notice this document doesn't mention anything about LE and probable cause.

I was referring to proof of his allegations. Not proof of Terri's mental stability and being in a position for it to be in baby K's best interest to be with her.

 

[citigirl]

http://www.katu.com/news/local/105573988.html

KATU link:

"Kaine said Friday that he really doesn’t understand why this desire to see K is coming now from Terri.

Terri Horman did not first hire a family attorney to seek visitation with her daughter but instead hired an expensive criminal defense attorney, Stephen Houze. Then allegedly she had phone sex with another man."

 

[BeanE]

I was referring to proof of his allegations. Not proof of Terri's mental stability and being in a position for it to be in baby K's best interest to be with her.

If he had proof of his allegations, particularly that Terri was involved in his other child's disappearance, and may have caused him great harm, rather than simply a belief, no matter how strong, then it would be clear that it would not be in the baby's best interests to be with her.

But it may be that it would be clear only to me, personally, and not to others, or to the court.

 

[For The Kids]

http://www.katu.com/news/local/105573988.html

KATU link:

"Kaine said Friday that he really doesn’t understand why this desire to see K is coming now from Terri.

Terri Horman did not first hire a family attorney to seek visitation with her daughter but instead hired an expensive criminal defense attorney, Stephen Houze. Then allegedly she had phone sex with another man."

It may be a good idea to blank K's name out

 

[Kimster]

It may be a good idea to blank K's name out

Too late.

 

[cluciano63]

I've been wondering if Kaine and/or Desiree still believe that Kyron is alive, and guess this response says that he does, with the harm coming from the kidnap and being taken from his parents?

I didn't get the the impression he is saying that he thinks Kyron is alive...

 

[loves2bmom]

I didn't get the the impression he is saying that he thinks Kyron is alive...

Clu...I was just typing the same thing. It was the first time I saw such strong language on what they think might have happened to him. I also got the impression they thought he was not with us any longer from that statement.

"Petitioner strongly believes that Respondant abducted and may have caused unimaginable harm to Petitioner's 8 year old son Kyron"

 

[BeanE]

I didn't get the the impression he is saying that he thinks Kyron is alive...

Clu...I was just typing the same thing. It was the first time I saw such strong language on what they think might have happened to him. I also got the impression they thought he was not with us any longer from that statement.

"Petitioner strongly believes that Respondant abducted and may have caused unimaginable harm to Petitioner's 8 year old son Kyron"

I got the impression from their interview this week (Oct 16) that they still believe he's alive.

http://www.kgw.com/news/local/Kyron...-funds-at-Roloff-pumpkin-patch-105111144.html

ETA: BBM. This certainly sounds like he may not believe Kyron is alive. If so, I wonder what changed his mind this week. Of course, this isn't a quote, but a retelling by the reporter of a conversation, so what Kaine actually said, or meant, may be different.

He also does not believe supervised visitation would be wise. In addition to the physical harm he believes Terri caused Kyron, he believes there is a risk of emotional and psychological harm with the two being in the same room.

 

[citigirl]

Clu...I was just typing the same thing. It was the first time I saw such strong language on what they think might have happened to him. I also got the impression they thought he was not with us any longer from that statement.

"Petitioner strongly believes that Respondant abducted and may have caused unimaginable harm to Petitioner's 8 year old son Kyron"

That's right...it is so specific that it suggests there is evidence..but maybe not proof... If Rackner can depose people, she may be able to meet the lower standard of proof required in the civil court--which will protect little K from harm even if it won't get Terri off the street...

 

[cluciano63]

I can't think of a stronger word that "unimaginable" to create a horrible picture in my mind...
If Kyron was taken and was being cared for by someone, of course he would be harmed by the experience, but that word...is very strong...and sounds much more forbidding.

 

[Chili Fries]

BBM. If he already has proof, it begs the question why he needs so much time to gather proof (depositions etc).

BeanE I don't think LE is going to tip their hand and provide him crucial evidence for use in civil court. And it seems to me from listening to his interviews that there is probably crucial evidence he's not specifically aware of. Also he needs to prove that Terri is unfit to see the baby, which is likely different from just showing there is a good chance she is responsible for Kyron's disappearance and/or the MFH plot. I'm sure that includes expert witnesses along with people who have had contact with the baby since she has been separated from Terri. He's also asking for evaluations and records because his expert(s) will need material to base their opinions on.