Should baby K be allowed to see TH? ***POLL***

[Donjeta]

Had the Landscaper's real name been known to Terri one would think her own Lawyers would have been able to contact him, they have not been able to yet. No one said LE provided the LS with an alias and as yet his real name has not been divulged.

This sounds to me like Terri's lawyers have been able to contact him.

Bunch said subpoenas have been served to Robert O’Donnell, the lead investigator in the case, and Rudy Sanchez, the landscaper whom Terri allegedly tried to hire to kill her husband. “We’ve got depositions set” for both men, he said.

http://www.portlandtribune.com/news/story_2nd.php?story_id=128648892311734600

 

[Calliope]

Not at this time.
I believe this newest attempt at a new approach by her attorneys is to try to force information out of LE. They did not contest the Restraining Order. It is legal maneuvering and the way I see it not at all about K.. but about what her attorneys want from LE.

Let the Kyron case go forward and then look at the issue down the road depending on the outcome.

In that the judge granted 90 day abatement they can't ask for amendment at this time anyway.

ETA: Baby K has already made a big adjustment and having that change constantly is not good for a small child.

Isn't the abatement for the divorce?

 

[Calliope]

Kaine Horman has mixed feelings about visitation, "Depending on the circumstances, the answer could be yes or no."

If Kaine seems to think it's possible, who am I to say no?

 

[Jo in Calif]

Isn't the abatement for the divorce?

I believe they were merged, they will be heard together

 

[grandmaj]

Isn't the abatement for the divorce?

According to Gitana all motions are frozen on the matters in Family Court until the abatement expires.

 

[Calliope]

I believe they were merged, they will be heard together

But they are separate issues. The motion was to delay the divorce action.

 

[Jo in Calif]

But they are separate issues. The motion was to delay the divorce action.

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AZlawyer AZlawyer is offline
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Quote:
Originally Posted by Billylee View Post
"Ms. Horman misses her child and would like to see her," said attorney Peter Bunch during a divorce hearing Thursday.

Terri's lawyer said he plans to ask the court to alter the current restraining order. It requires Terri Horman to stay away from her daughter.

http://www.kgw.com/news/local/Terri-...-portland.html

Can he do this now, isn't it too late since the RO was not contested? If it can be done, can it be done at any time, or would it have to wait until Jan.?
Since the RO proceeding and the divorce proceeding were consolidated, IMO the RO proceeding "merged" into the divorce proceeding and does not place any kind of restraint on the judge changing the RO orders. It is up to the judge whether he wants to abate the entire case until January or allow the parties to raise certain matters like visitation prior to that time.

 

[Donjeta]

Azlawyer wrote:

Since the RO proceeding and the divorce proceeding were consolidated, IMO the RO proceeding "merged" into the divorce proceeding and does not place any kind of restraint on the judge changing the RO orders. It is up to the judge whether he wants to abate the entire case until January or allow the parties to raise certain matters like visitation prior to that time.

http://www.websleuths.com/forums/showthread.php?t=108830&page=14

 

[gwenabob]

This sounds to me like Terri's lawyers have been able to contact him.



http://www.portlandtribune.com/news/story_2nd.php?story_id=128648892311734600

Not necessarily. You have to set the deposition date before you serve the subpoena. They said before that they have not been able to serve the subpoena for deposition because they don't know how to contact him.

 

[Donjeta]

Bunch appears to have given some conflicting statements because he is quoted saying that the the subpoenas have been served for RS and the LE person.

IDK. Maybe he didn't get the contact info from the prosecutor but it doesn't mean he was unable to get it anywhere. Terri might know, for one.

 

[grandmaj]

According to Gitana all motions are frozen on the matters in Family Court until the abatement expires.

And of course I can't find that post now so I'm wondering if I am mistaken here.

I guess we should ask Gitana when we see her.

And of course see the order of the judge.

 

[Calliope]

And of course I can't find that post now so I'm wondering if I am mistaken here.

I guess we should ask Gitana when we see her.

And of course see the order of the judge.

I remember her saying something to that effect, but IIRC she was talking about custody, visitation, division of assets (as part of the divorce agreement). I thought the RO was a different matter.

 

[GrainneDhu]

Well, actually not allowing her to see her child and allowing her to see her child in a supervised setting both represent the cautious end of the spectrum IMO. As opposed to letting her take the baby and do whatever she wanted during weekend visitations or some such arrangement. I do agree with you that the risk of being abducted or killed during competent supervised visitation in a safe setting is usually very low which is why I voted that it could be allowed. But if I already had one child missing in suspicious circumstances it might not be a risk I wanted to take, even if it was statistically safer than eating peanuts.

SBM

When asked about whether he would allow visitation, KH said recently "depending on the circumstances, maybe yes, maybe no."

That sounds like he has not ruled it out completely.

 

[grandmaj]

I remember her saying something to that effect, but IIRC she was talking about custody, visitation, division of assets (as part of the divorce agreement). I thought the RO was a different matter.

Could be Calliope but......... I thought it was all ruled under the abatement In other words it stops all of the family Court motions from each side.

Even if they can petition for it, wouldn't the Fifth Amendment Rights still come into play? KWIM?

I have asked Gitana in the divorce thread.

xoxoxo

 

[Calliope]

Could be Calliope but......... I thought it was all ruled under the abatement In other words it stops all of the family Court motions from each side.

Even if they can petition for it, wouldn't the Fifth Amendment Rights still come into play? KWIM?

I have asked Gitana in the divorce thread.

xoxoxo

Yeah, I don't know.

I'd like to know how this would be handled. Would their attorneys hammer out some sort of agreement? If so, does that negate the RO? Or does the judge just sign off on that part and the rest stands?

 

[cypress]

And if Kaine voluntarily agrees to Terri having visitation with K what, if anything, does it mean with regard to his views about Terri's involvement in Kyron's disappearance?

 

[Donjeta]

He's not agreed yet IMO, the RO is still in place and he appears to be saying that the judge will decide.

Kaine Horman has mixed feelings about visitation, "Depending on the circumstances, the answer could be yes or no."

He anticipates the visitation issue will be resolved at future hearings.

I guess I'm still a bit skeptical that they will file for visitation. They're so careful not to address anything that might incriminate her and be used in a criminal trial and I'm not sure how they would phrase their petition to modify the RO and convince the court without addressing the truth of the allegations in some manner.

http://www.kgw.com/news/local/Terri-Horman-Seeks-Visitation--104610209-missing-kyron-portland.html

 

[cluciano63]

I was kind of stunned to see that Kaine didn't state outright that he was against visitation, as I am sure his feelings on the matter will have a great impact. From what he is saying, at least, it does not appear that he thinks it would harm the baby to see her mother.

 

[human]

Maybe if Terri gives up what she knows about Kyron, Kaine will not object to Terri seeing baby K.

I think Terri asked for a 2 year abatement because that is about how long it would take for a trial to complete.

Maybe she would be fond innocent and then she could deal with custody then.

 

[tlcya]

Sure would s*ck raw and rotten eggs if Terri had nothing to give up.