WoW beach.. Thanks for this additional info about the GAL.. That left my mouth hanging open actually as I, too find it extremely strange/odd for a GAL to have given the courts her findings and opinion on the present situation and that she found not only for it to be in the children's "best interest" to be away from dad and in Yvonne's custody, but more importantly that in the GAL's opinion she felt there was an actual danger to the children in their being returned to the father, Dale.. And that the judge seemingly went 180* opposite of what the GAL testified to as her professionAl findings and opinion in this emergency hearing.. WoW is all I can even respond to that with...
The only reason that quickly popped into my head was this..(but I must say it quickly faded from my mind as well).. But just as gitana had kindly explained to me in her post that the parental rights are a constitutional right and that in order to remove custody, especially in an emergency hearing, that the evidence had to be pretty damning against/on the father. And I took it to mean that it needed to also be evidence directly relating to the children specifically.. Meaning that tho Dale has got the violent/volatile and even criminal violence of his history.. That still however is completely unrelated to his care of his children.. I think gitana said that it being an "emergency" hearing actually put the burden of proof against Dale had to be just that much stronger/damning.. So in knowing that it led me to believe that maybe, just maybe with the judge knowing that Dale was lawyered up to the hilt with Attys that wouldn't stand for a second even something that was the teeniest bit questionable about this judges ruling against Dale.. And I wonder is it possible that the judge even spoke directly with investigators of Michelle's case and that they somehow know that they are going to be able to arrest Dale within the next 24-72hrs??.. And somehow were able to assure this judge that in that small window of time that they had Dale surveilled the full 60seconds of every minute of those hours up until that arrest???
The reason why that possibility seemed to so quickly fade from my mind was I just cannot imagine LE being able to truly guarantee these children's well being to a degree that IMO would have to be sufficient in their without a doubt certain they can guarantee their protecting the two children during that small window of time.. I just truly believe when dealing with desperate ppl period.. But add in extremely volatile and long history of some extremely violent behaviors.. I just do not see how for a second LE could even attempt to offer that type of a guarantee of the children's safety.. They can surveill him 24/7 but no matter that still has Dale perfectly able to cause harm if when things became really desperate and immediatley prior to his being taken into custody.. LE can be outside of that home with Dale and the twins inside and they truly cannot guarantee that the children could not be harmed in those desperate and highly charged moments where sadly we have seen parents feel they've got nothing to lose in murder/suicide..
I just cannot get past what a very real threat I fear could be a very real issue in the upcoming immediate future and I'm sorry but I personally do not trust Dale's thought processes and stability.. Again especially in dire straits.. And with the kids in his custody, with him freely parenting them unsupervised I just cannot wrap my head around how a judge could believe this to be the route in which he ruled.. Gitana, would you not believe that with this additionL info that beach shared in now knowing that the actual GAL for the children testified at the hearing that they believed the children to be in danger in continued custody with Dale and that they recommended custody of both to Michelle's family.. Would that in your opinion be substantial enough to make the ruling to give Yvonne custody??.. To me it certainly seems like just the key ingredient needed at that hearing in order for the judge to grant Yvonne the custody, no??
I'm really anxious to hear what you alls(gitana and beach both) opinion is on the judge doing absolute opposite of what GAL recommended and even went as far to state that it wasn't just in the kids best interest but that it posed a danger to the children to stay in Dale's custody.. That's seems really significant to me.. And do you all believe this judge met with investigators about what was the likely immediate or upcoming future for Dale as far as possible charges(or is that something that just would not have occurred in a custody situation like this..ie. Involving investigators)???.. Lastly am I just being overly concerned in my very real fears of LE having no way to truly guarantee these children's safety from harm if/when IMO the inevitable quickly progresses into a very desperate situation regarding Dale being charged and arrested???
Because for me that's what is the entire crux of the custody issue.. In that if that safety from danger/harm cannot be guaranteed in the children being in the sole custody of Dale.. Well for me it's just only logical that you freaking err on the side of caution with these babies lives and remove them from his custody?!??! Aarrghh!! But I know! I know!! It that's ol' thing called constitutional rights that Dale has as a parent.. .. So much at stake tho, I cant help but feel his rights IMO should pale in comparison to the rights of two, tiny, innocent, helpless, and defenseless children.. But I do realize it's just not as cut and dry as I just worded it to be..
I'm so fearful for these babies.. And I just cannot comprehend what this family is feeling and having to deal with in all of this involving those babies ON TOP OF THEIR FIGHTING FOR AND DESPERATELY SEARCHING FOR THEIR PRECIOUS MICHELLE.. unimaginable is the only word I have to describe it.. Unimaginable..
ETA: my apologies for this being one of my more rather extremely long winded posts :blush:
