PART 2
Ella nods affirmatively.
Judge: “Okay. And then, the flipside of that, of course, is that I would presume that we have to resolve this issue—that is, was there domestic violence or not, before we can have the custody hearing. Is that not right or wrong? I think that’s right.”
Anne Kiley states that she would also oppose a continuance and that there are complicated issues in the dissolution proceeding, which Ella is not part of, such as the influence and “the problems in the case and why she’s here.” Anne Kiley states that “there are serious issues that need to be dealt with in the dissolution proceeding. Frankly, there are reasons that this case should be in dependency court, not because Ms. Wallace or Mr. Gruffudd are child abusers, but because we believe that Ella and her sister are victims of abuse by their mom. So we’re—”
Alice again interrupts the court.
Alice: “Oh my God!”
Anne Kiley: “We want—”
Judge: “Please. Please. I’m going to ask everybody to refrain.”
Alice: “No. It—it—”
Judge: “No. No. No. There’s no “No.” Please just—everybody keep your composure. Go ahead, counsel.”
Anne Kiley: “Family Code 3044 applies as it relates to Ms. Evans, because we have a restraining order against her, and the situation is so horrible for the family—”
Alice interrupts again but her words are unintelligible to the court reporter because she is speaking at the same time as Anne Kiley.
Anne Kiley: “—that we want it heard today. And we oppose the continuance.”
Gregory Jessner: “Your Honor, if I may. I agree with what Ms. Kiley said. I should add, my client, unfortunately, does suffer from a very serious medical condition. She has M.S. and the stress of this proceeding is debilitating for her, and she needs to get this past so she can reclaim her health, your Honor. So I do, for that reason, very strongly oppose a continuance to the extent that one is requested.”
The Judge states that he will read the case over a little closer and asks Ella if she is asking the court for a continuance and, if so, if she intends to hire a lawyer. Ella responds, “I’d like to hire a lawyer. Yeah.” The Judge inquires whether Ella has the ability to get counsel. Ella responds, “I think so, yeah.”
The Judge states that Anne Kiley makes a good point, that this is a well-noticed hearing, that Ella or someone on her behalf put together a fairly comprehensive pleading, and that he has to weigh Ella’s interest in getting her case effectively tried against Bianca’s interest in getting some finality in light of her medical condition and the hardship a delay would cause her.
Ella: “Could I also add, my mom also has a medical condition?”
Alice interrupts the court again.
Alice: “Thank you.”
Ella: “My mom also has a medical condition that’s like—it’s hard for her as well.”
Judge: “Right. Except your mom—I don’t mean to sound insensitive, okay, but your mom isn’t a party—”
Ella: “Okay. I’m sorry.”
Judge: “—to the two cases that we’re dealing with today. Okay?”
Alice: “We tried. I tried to, but she’s over—she’s over 12.”
Ella: “My mom—”
Judge (to Alice): “I just—I can’t hear from you. You don’t have standing right now, ma’am.”
Alice: “Go ahead.”
Ella: “All I knew was that I had to file it because I was over the age of 12. But I didn’t—like, anything I was supposed to do. So like, I didn’t know I was supposed to get an attorney or anything.”
Judge: “You don’t have to get an attorney.”
Ella: “Okay.”
Judge: “I want to be clear with you. I just want to make sure—you’re a child in the midst of a highly contentious divorce between your parents, and I want to make sure that what you’re doing here today, whether it happens today or it happens at a later date, I want to make sure that what’s happening is in your best interests and that you really want it.”
Ella: “Okay. Thank you.”
Judge: “And that this isn’t a subtext to something else. That’s my concern.”
Ella: “Okay.”
The Judge asks if there is anything else the parties wish to discuss before breaking for lunch and then diving deeper into the two issues after lunch. Hearing nothing, the court adjourns for lunch.
~Noon Recess~
-END OF PART 2-