Why was this necessary? Is that why she literally "took over" and didn't even name some relatives in the obituary on the fathers' side, from what I've read in previous posts here?
Would this allow EW to make all medical decisions regarding the child - even to decide that her organs be donated?
Curious as to who carries the financial responsibility for Gracie's hospital bills. It would seem logical that the father had her covered for medical but can two parents carry children on separate medical plans?
Would this action, if granted, allow EW to file for the state's victim's assistance rather than the custodial parent, Mitch Ford?
With every twist and turn, the drama after the child's death on January 9 outshines the child in many ways when the only focus/effort should be finding the monster that took away this beautiful child!
If it was temporary legal custody it would allow the mother to make medical decisions such as organ donation and the cessation of life support, without input from the father. That could be the reason for such an order and it would only be made in such a circumstance of the father couldn't or shouldn't make such decisions. Both parties are equally responsible for medical bills for the child, IIRC, under Texas law.
She could apply for state's victim assistance if she was granted temporary physical and legal custody. And if it was granted, she would be the custodial parent, not MF.
That does not concern me. Whoever stated too much focus is always but on fundraising efforts or whatever as proof of guilt is right. Guilty people try to shy away from that kind of stuff. They tend to keep quiet and lay low. Not try to get money (unless they try to make the death look "natural").
I wish the court records weren't sealed.
If this is accurate info (EW being awarded emergency custody) when records showed that bio-dad was the primary custodial parent (according to previous posts), then I can't help but wonder why EW was suddenly awarded custody on Jan 10th - the day after baby Grace was suffocated, but was still in hospital on life support.
A judge wouldn't have made that decision without compelling evidence, IMO. IF it's true that EW was awarded emergency custody.
I agree 100%. That only would have been done if the child was in the father's custody when killed.
For the poster that noticed the father, Mitch Ford's FB page (only a week ago did I learn of it) and his status notification of engagement and earlier "met" .. and the woman's name. I recall the name but will not disclose it to anyone even through PM. Her FB page's cover photo was a pic of them together seemingly at a restaurant. And the profile photo was of the same young woman holding a child that looked very much like Gracie.
That profile is now unavailable on FB (for privacy or safety sake???) and Mitch Ford has removed the young woman's name and replaced it merely with "someone".
These actions could lead someone to further speculate that the gf/fiancée as of mid-December, IIRC, was the babysitter that fateful day and the other woman assaulted. Yet her name appears nowhere and her FB page is deleted or off-line.
Which could lead to the speculation that either her life is in danger and police advised her to "keep a low profile" or she is still in the hospital recoving, again under police protection or she is in danger or could be, as police still haven't arrested anyone.
This crime seems personal rather than random.
The gf/fiancée removing her FB page and the father substituting his entry to "engaged to someone" could mean something or it could mean nothing,
But with the report from bio mother's father that a babysitter had also been brutally assaulted, gets the old mind to wondering about possibilities.
And Emily had to be none-the-thrilled that Mitch was engaged to a lovely young woman who would be the step-mother of Gracie.
Jealousy is a bitter emotion that sometimes, when acted upon, produces grief, sorrow and heartache. How many times have women been murdered by an ex-boyfriend, boyfriend or husband thinking "if I can't have you, no one else will".
Hope this is not the piece of the puzzle that emerges - "if I can't have my child, you and no other woman will either"
Hmmm. It could also lead to speculation that the fiance/girlfriend is the perp.
My thoughts exactly and there is no way to see if there was an Order granting temp emergency custody.
Anyone have any ideas why the grandfather would have those sealed? Perhaps EW's purported time in recovery is in those records.
It goes to the grandfather stepping in to protect a child who is no longer a minor! With g'father's "connections" in Plano with the Republican Party and run for JP as a Tea Party candidate, it's safe to assume that he is well-connected and a simple phone call would be all the action he needed to take.
I don't care what anyone says, the grandfather lacks the power to have those records sealed. That's just fiction. The father's family would be screaming from the rooftops if such a thing happened, it would be a massive scandal and just no.
Without being able to currently view the court records, we can't know for certain what rulings a judge may have made.
I don't know what to think anymore. This is the most confusing case I've ever followed.
I agree with you, though - if EW was warded temp emergency custody a day after baby Grace was assaulted, then LE must not consider her a POI or suspect (if LE was aware of the custody petition).
I'm leaning toward being skeptical that this is accurate information - especially since the concerned parties would have had to appear in court with supporting documentation a day after Grace was assaulted.
They would not have to appear in court. The police could have sought to intervene in the case and requested that the records be sealed to protect the investigation. That's one scenario. The other is that the mother could've sent a lawyer in. She would not need to appear at all as emergency custody orders are not based on live testimony. And if she had a statement from LE that the child was seriously injured while in the care of her father, she would simply need to allege that to get emergency custody.
I agree. IANAL, but I think if an emergency petition for custody had been filed on EW's behalf, the primary custodial parent (MF) would have been notified. I don't think this could have been filed ex parte.
Perhaps Gitana can chime in later if she gets a chance.
He could have been notified after the fact. Ex parte means with or for only one party. Notice is not a requirement if to provide notice would be dangerous or impossible. After the orders were obtained, then the other party would have to have been noticed and a regular hearing date would be set. Such a hearing in this case, however, would be moot.
The father had to be served/notified of the pending action. A judge won't grant it based on the claims of one party. Seems only Mitch Ford would know if the request was made and if he agreed. Otherwise, the order can't be granted because both parties have to be notified and agree or disagree.
She would have to have presented a "Show Cause" and her reasons for requesting.
Just because EW filed for it and told her supporters she filed doesn't mean it was granted!! But I'm sure she led them to believe it was. :scared:
Nope. The judge absolutely would grant emergency relief based on the allegations of only one party. And that's even without notice of the ex parte hearing, under certain circumstances. The process is one person applies for emergency relief/temporary orders. They either give 24 hours notice to the other side that they can show up or they don't. The court either requires notice or doesn't but either way, issues a decision only based on the written allegations of the applying party and any written response that was handed to the court the day of the hearing:
83.001. Requirements for Temporary ex Parte Order
[FONT=Geneva, Arial, sans-serif]
(a) If the court finds from the information contained in an application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual alleged to have committed family violence and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the family or household of the applicant.(b) In a temporary ex parte order, the court may direct a respondent to do or refrain from doing specified acts. http://www.womenslaw.org/statutes_detail.php?statute_id=319#statute-top[/FONT]
Then, regardless of whether temporary orders were issued or not, a regular hearing is set for the parties to come back and give evidence as to why the temporary orders should or should not be made permanent:
If the temporary ex parte protective order is granted, your attorney will take the executed paperwork to the clerk of the Court in order to obtain conformed copies of the order. At this time, your attorney will also have a hearing on a final protective order set to be heard by the Judge, within 14 days after the date the application is filed. After obtaining the conformed copies and time and date of the hearing, your attorney will have the file-stamped Request for Temporary Ex Parte Protective Order and Application for a Protective Order, your supporting Sworn Affidavit in Support of the Request for Temporary Ex Parte Protective Order, a conformed copy of the Temporary Ex Parte Protective Order and Notice of the Hearing issued for service on the other party, who is called the respondent. In order ensure he or she is "served," your attorney will have included a "respondent-information form" that gives a physical description of the respondent and general information about his or her location and contacts. The respondent must be served with a copy of these documents within a certain amount of time before the hearing on a final protective order in order to comply with the rules regarding proper notice within the Texas Rules of Civil Procedure.
http://www.gbfamilylaw.com/Articles/Temporary-Ex-Parte-Protective-Orders.shtml
http://www.gbfamilylaw.com/Articles/Temporary-Ex-Parte-Protective-Orders.shtml
