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

[gardeness]

I can understand the request for an evaluation if Terri were asking for regular visitation, but not whenever she has already settled for "supervised" visitation--that would have been the alternative anyways. I don't think they have enough of anything on her to keep her from any visitation at all, but it will be interesting to see what they can come up with!

 

[Billylee]

Okay, I'm just going to restate what I posted earlier. Forgive me for trying to make a point. These issues, are issues KH and his lawyer were ready to address a little over 3 months ago. What happened?

That's what I'd like to know, what happened since then that leaves them unprepared and needing more time to address those; specifically, the accusations made in the RO that TH was involved in the disappearance of her stepson, and she the MFHP therefore, she cannot see her natural born child.

What the heck has transpired, since then, that Kaine needs more time? He and his lawyer, knew at the time all these things would need to be addressed, Terri's pscyh eval, etc. PROOF from his side to the accusations he's made, etc, etc. Now he's saying he needs to get depos from people in order to go forward? Why did he expect Terri to jump, when he is not going to take the leap over three months later? (Not being snarky, just wondering what the heck is going on here?)

Something's not making sense to me. I need a lawyer to weigh in here. Desquire/AZ, are you joining us tonight?

 

[cluciano63]

Don't all lawyers want to make use of all of the time they are legally entitled to?

 

[Chili Fries]

What the heck has transpired, since then, that Kaine needs more time? He and his lawyer, knew at the time all these things would need to be addressed, Terri's pscyh eval, etc.

In case you don't remember, Terri did object to the psych eval on the grounds that the evaluator would be biased by the various media reports of her involvement in this case. That was part of her original argument for delaying the divorce.

 

[citigirl]

Okay, I'm just going to restate what I posted earlier. Forgive me for trying to make a point. These issues, are issues KH and his lawyer were ready to address a little over 3 months ago. What happened?

That's what I'd like to know, what happened since then that leaves them unprepared and needing more time to address those; specifically, the accusations made in the RO that TH was involved in the disappearance of her stepson, and she the MFHP therefore, she cannot see her natural born child.

What the heck has transpired, since then, that Kaine needs more time? He and his lawyer, knew at the time all these things would need to be addressed, Terri's pscyh eval, etc. PROOF from his side to the accusations he's made, etc, etc. Now he's saying he needs to get depos from people in order to go forward? Why did he expect Terri to jump, when he is not going to take the leap over three months later? (Not being snarky, just wondering what the heck is going on here?)

Something's not making sense to me. I need a lawyer to weigh in here. Desquire/AZ, are you joining us tonight?

IANAL, but with the restraining order in effect, it may not have appeared as if TH was even going to contest it. Now she has, and wants Kaine's lawyers to scramble to put together a case in less than the ordinary amount of time while she herself does not have to provide any information at all.

If she had contested the RO 3 1/2 months ago, she would not need to ask for an expedited hearing now.

I think Rackner is asking a good question...why is she contesting the RO now and not before?

 

[tfrohning]

caused 'unimaginable harm' to Kyron
that really bother me that Kaine made that statement.

 

[Billylee]

In case you don't remember, Terri did object to the psych eval on the grounds that the evaluator would be biased by the various media reports of her involvement in this case. That was part of her original argument for delaying the divorce.

What does TH objecting have to do with KH not having his ducks in a row? He was trying to force her to respond within the 30 days after he slapped her with the disso and the RO, when, I might add, apparently, her lawyers could have access to......well, nothing. Perhaps her lawyers now have found access to info on their own. IDK, but why would KH need more time now. It was apparent he was shouting "en garde" back then, and was appalled as were many, that she did not engage in the battle of fighting the RO at the time.

Something must have changed? IDK

 

[Adrienne37]

What does TH objecting have to do with KH not having his ducks in a row? He was trying to force her to respond within the 30 days after he slapped her with the disso and the RO, when, I might add, apparently, her lawyers could have access to......well, nothing. Perhaps her lawyers now have found access to info on their own. IDK, but why would KH need more time now. It was apparent he was shouting "en garde" back then, and was appalled as were many, that she did not engage in the battle of fighting the RO at the time.

Something must have changed? IDK

It's called legal strategy. I seriously doubt that anything has changed on Kaine and his lawyer's behalf. In fact, I'd venture to say they know a whole lot more now than they did 3-1/2 months ago when he filed for the restraining order originally. They knew full well that Terri wasn't going to respond and risk incriminating herself just as they know right now. The longer they draw this out, the better off they will be because eventually it's all going to catch up with her, the police are going to have all their T's crossed and I's dotted and her butt will be in the slammer where she has belonged from the get go. IMO.

 

[Bathbuddys]

The reason he would need more time as it has not been ordered by a judge that KH can get records and evaluations and do interviews on TH character etc, they would have to get the subpeonas and have time to serve them and to have it all together at a court appearance, this is why she should have jumped on this when she was served as they didnt have the information against her that they have now.
I thought that Casey should have taken the speedy trial option as Baez had a great chance that he does not have now to get his client off of the DP sentence... bad bad bad mistake.

 

[grandmaj]

snipped:

Typical custody issues are settled in court with thorough investigations into each parent's life. This process is complicated due to the massive Kyron Horman investigation, much of which has centered on Terri Horman.

http://www.koinlocal6.com/content/n...daughter-continue/QYlEqruACkGhA-hFH45jIQ.cspx

Because of the Abatement and as stated in parapraph 6 of the motion filed by Kaine, Terri has refused to participate in this process. In other words she wants to amend this RO without all of the evaluations that would ordinarily occur during divorce/custody issues.

Kaine now must through his attorney depose friends, family and obtain medical records which he would not have had to do originally because the court would have ordered evaluations and conducted investigations into both sides.

This is much different than if she had contested the RO and the court would have ordered these investigations. Kaine is now being forced to go out and get this information from other sources.

 

[SmoothOperator]

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'sy best interests to be withher.

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

If Terri had so desired all she very simply would have had to do was contest the R O. Precious desquire has said this time and time again. Kaine would have to back up his allegations with proof when Terri contested. IMO it is evident why she didn't.

There are many following posts that identify the exact reason that this precious boys father is taking every minute allowed to him.



Sent from my iPhone using Tapatalk

 

[krowdkat]

The way I am reading this document is as follows:

1) Terri didn't object to the RO and was granted a 90 day delay in the disso, so...
2) KH is simply requesting that since the RO and the disso have been rolled into one matter to be addressed in January 2011, he would like that time to deposition people who could testify on K's best interest (i.e., people involved in TH's DUI while J was in the car, witnesses to potential alcohol use/abuse). Heck, maybe he even had baby K's blood tested for inappropriate dosing of meds after he left TH and thus needs to depo pediatrictians.

If TH would have contested the RO within the 30 days, the judge still would have set a later date for testimony and determination.

 

[pufnstuf]

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.

Proof comes in the form of depositions, and depositions take time to plan, prepare for, and execute.

 

[ThoughtFox]

Nothing in that document surprises me at all. If TH refuses to be evaluated as to her present mental state, then she can't expect to get visitation.

This may explain why her attorney has had her in lockdown at her parents' home - they are the last people who would flip on her during a deposition.

If Terri was still talking to all her many friends and acquaintances on batphones, it would be a real risk because she might spill her guts to them and make them question her rationality or mental state.

 

[grandmaj]

I'm not sure but I think on a deposition the return of service must be 10 days. We need a lawyer. Then time to compile the information after the court stenographer prepares it, get the party deposed to sign it..... it takes time. 30 days is truly a short window.

 

[Billylee]

snipped:

Typical custody issues are settled in court with thorough investigations into each parent's life. This process is complicated due to the massive Kyron Horman investigation, much of which has centered on Terri Horman.

http://www.koinlocal6.com/content/n...daughter-continue/QYlEqruACkGhA-hFH45jIQ.cspx

Because of the Abatement and as stated in parapraph 6 of the motion filed by Kaine, Terri has refused to participate in this process. In other words she wants to amend this RO without all of the evaluations that would ordinarily occur during divorce/custody issues.

Kaine now must through his attorney depose friends, family and obtain medical records which he would not have had to do originally because the court would have ordered evaluations and conducted investigations into both sides.

This is much different than if she had contested the RO and the court would have ordered these investigations. Kaine is now being forced to go out and get this information from other sources.

Thank you GrandmaJ; but I guess I'm just confused, would Kaine not have had to go out and get this information 30 day ago if TH had contested the RO? And what I'm mainly referring to is his basis for the RO in the first place, the MFH accusation and the involvement in Kyron's disappearance accusation. It sure sounded to me like 30 days ago, he had all that info at hand and was ready for Terri to contest. This is what I don't understand.

(I'm heading out now, but will be looking for answers from ya'll tomorrow.) Thanks.

 

[pufnstuf]

The way I am reading this document is as follows:

1) Terri didn't object to the RO and was granted a 90 day delay in the disso, so...
2) KH is simply requesting that since the RO and the disso have been rolled into one matter to be addressed in January 2011, he would like that time to deposition people who could testify on K's best interest (i.e., people involved in TH's DUI while J was in the car, witnesses to potential alcohol use/abuse). Heck, maybe he even had baby K's blood tested for inappropriate dosing of meds after he left TH and thus needs to depo pediatrictians.

If TH would have contested the RO within the 30 days, the judge still would have set a later date for testimony and determination.

Also, if I remember correctly, TH stated that she'd give Kaine the divorce, but wanted the custody and financial issues to be decided at a later date, presumably after the Kyron case is settled.

She wanted the custody and financial issues to be bifurcated from the divorce. So the judge put the whole divorce off until at least January.

And what does she do? She turns around and requests visitation, even though SHE HERSELF did not respond to the custody issues involving the restraining order, even though SHE HERSELF wanted the custody issues decided at a later date through bifurcation and abatement.

I think she may have shot herself in the foot with this request for parenting time. Now she's given Kaine a good chance of deposing her friends and family, gaining information about her financials, AND having access to her medical/mental health records.

She could have waited until January to allow this to proceed with the divorce--now she's forced Kaine's hand.

Not good for her, even if he only gains access to half of the stuff he's requesting.

Seems like shoddy strategy on her attorney's part.

I gotta say, Laura Rackner is on top of her game in this battle. We'll see how it falls out.

 

[krowdkat]

TH would have until July 28th, 2010 to contest the RO. The divorce and RO were filed on the same date. Since she didn't contest and there is absolutely zero way of knowing when/if Kyron would be found, lots of legal strategies could have changed between now and then.

Let's not forget the most important factor in the whole mess, Kyron is missing. The RO and filing of divorce would never had happened at this particular time had these facts not been present. KH is most likely listening to his attorney and LE with great interest and trust on what steps he should be taking at every given turn.

 

[grandmaj]

BillyLee I know this is all so confusing.

But it isn't just the MFH or Kyron's disappearance. Whatever he has on those matters he has is my belief. He may try to depose another party(the Landscaper) but I'm guessing that is exactly what Houze wants. See what I mean it is legal strategy.

But both Kaine and Terri would ordinarily probably have several evaluations for it to be determined their ability to care for the baby. They would ordinarily do home visits and determine ability to take care of the child. That isn't going to happen under the Abatement and, because Terri refuses to be investigated or examined.

So yes it is the MFH and investigation of Kyron but it more points to Terri's state of mind which now places the burden on Kaine to prove she may not be fit to have visitation.

Rackner is asking for 3 days to present at a hearing. That is a lot of witnesses.

 

[Shadowboy]

snipped:

Terri has refused to participate in this process. In other words she wants to amend this RO without all of the evaluations that would ordinarily occur during divorce/custody issues.

Kaine now must through his attorney depose friends, family and obtain medical records which he would not have had to do originally because the court would have ordered evaluations and conducted investigations into both sides.

This is much different than if she had contested the RO and the court would have ordered these investigations. Kaine is now being forced to go out and get this information from other sources.

IMO, KH and his attorney are forcing TMH into VERY uncomfortable position ...

"Further, extensive discovery and review of documents must be completed, including records and medical subpoenas, regarding Respondent's criminal, personal, mental health, and medical history." (Kaine) "must complete" depositions of family, friends, professionals, educators and others who can provide information relating to the Respondent and her ability or inability to have appropriate contact with the parties' child....

... Respondent is choosing not to participate in a legal proceeding initiated on her behalf."

By way of TH asking for time with her child, KH's lawyer found an avenue for assessing TH's mental health, yes?