August 20, 2023 Hearing Transcript Summary - part 1
Gruffudd v. Evans, Hon. Josh Freeman Stinn
The judge calls the case and immediately goes off the record. Back on the record:
The parties state their appearances. Present was Anne Kiley (representing Ioan for the limited purpose of custody only), Peter Langlois, Bernal Ojeda, Elise Greenberg, and Alice (via Zoom).
The judge asks the parties where they are with regard to the requested evidentiary hearing, in light of the fact that the family court department is extremely busy. The judge says it is his understanding that the parties are contemplating a 2-day evidentiary hearing, perhaps a custody evaluation, or maybe they can have the hearing during an afternoon so they don’t have to wait as long to get the hearing on calendar. The judge asks the attorneys for their perspectives.
Anne Kiley speaks up and disagrees slightly. She states that earlier in the year, the custody issue was bifurcated and set for trial in July of 2023. At that time, Ioan’s RFO requests for custody and therapy were continued to the time of trial as well since the court felt that it was more efficient (and cheaper for all involved) to hear all the issues at the same time. However, when the parties convened once again due to Ella’s request for a restraining order, the court vacated the trial dates in order to appoint Elise Greenberg as minor’s counsel and allow her to get familiar with the issues in this case. Therefore, they now need to set a date for the hearing on the RFO for custody/visitation (which Anne Kiley estimates will take a half day). Because of the RFO hearing that will be heard in the future, Anne Kiley withdraws her request for an evidentiary hearing, with the exception of the parties being able to testify.
[Editor’s note: This is why Ioan withdrew his request for the evidentiary hearing, as shown in the minute orders last week.]
Anne Kiley continues. She states that she, Bernal, and Elise Greenberg (the GAL) are all in agreement that the trial will take three days. Anne informs the court that they will be seeking an ex parte hearing for the appointment of a child custody evaluator. She states that Bernal Ojeda does not oppose the ex parte hearing. She is raising this issue because if the court grants the request for a child custody evaluator, that will affect the timing of setting the trial on custody. Anne Kiley stated that their chosen evaluator, Dr. Dupee, had a waiting list and fit them in for October. She also stated that, in her other cases seeking custody evaluations, most evaluators seem to have a backlog of 6 to 8 weeks from the date of appointment. The trial date for the 3-day trial will be set in 2023, but Anne is requesting that the half-day trial on Ioan’s RFO on therapy be heard in 2023. The judge begins pulling up his notes and asks Anne Kiley to remind him what the RFO was for.
Anne Kiley responds that the RFO was for therapy for the children, which already had been ordered, and that Ioan was requesting time with the children. She states that right now, Ioan is not exercising his time with the children because of the “difficulties” in the case that are being addressed (the PA and restraining order requests by Ella). Anne informs the court that the children’s individual and conjoint therapy sessions have not been started. Anne states that if there were a couple of months of therapy for this children, then if the parties were not able to reach an agreement, that they could seek a court order for the children to have custodial time with Ioan ahead of the trial.
The judge clarifies that the issues right now are making “sure that the therapy is on track and moving forward” and then figuring out what’s appropriate in terms of visitation and time shared with the children pending the trial. The judge asks Bernal Ojeda if he agrees with Anne Kiley’s assessment and Bernal responds, “I do, your Honor, one hundred percent.”
Elise Greenberg asks the judge to ask Alice to turn her video camera on so they can make sure Alice is hearing all of this. The judge addresses Alice. “Ms. Evans?” Alice does not respond. The judge asks Bernal to text Alice. Alice finally turns on the camera. The judge asks Alice to mute one of her devices because there is some feedback and there may be 2 devices on. Alice says her internet glitched and fumbles trying to get rid of the echo. Failing that, the judge asks Alice to go on mute.
The judge asks Elise Greenberg for her thoughts on the RFO for Ioan’s parenting time and visitation/therapy. Elise says that she agrees that the RFO should be set “at the court’s earliest convenience.” Elise says that they should have therapy orders and that therapy should start as soon as possible. Further, Elise says she filed a response concurring with Bernal that she has no objection to the ex parte hearing to address the custody evaluation issue.
The judge confirms that the RFO will be heard during a half-day court session, and asks the clerk to find the first available half-day so the hearing on custody and visitation can be set. He mentions that he has about 6 cases that may have trials vacated, so the court will set the earliest available time and, if any of his other cases have trials that are canceled, the court will contact the parties to see if they can have the hearing on an earlier date. Therefore, the date selected for the RFO trial is the afternoon of February 7, 2024, at 1:30 p.m. (subject to change if there is a cancellation for an earlier trial date). The parties all agree that February 7 works for them. Elise Greenberg asks the court to consider setting an earlier date for discovery (legal filings which ask for the other party to respond to questions and/or provide documents) if the February 7 hearing date is moved, and the judge agrees.
The judge starts dealing with the mechanics of setting the trial date. He then asks if there is any reason they can’t just deal quickly with the custody evaluation that day and appoint Dr. Dupee as the custody evaluator. Bernal objects. The judge clarifies that Bernal is not opposed to the ex parte application but he is opposed to the custody evaluation. The judge asks how long the parties will argue at the ex parte hearing. Anne states she needs 10 minutes. Bernal states he needs 5 minutes. Elise Greenberg states she needs 5 minutes. The judge then says the ex parte hearing will last 30 minutes.
Anne Kiley suggests setting the trial setting conference on the same day that the ex parte hearing will be heard. The judge agrees.
The judge then goes off the record again.
(End of part 1)
- like @Blurp said - those were awful when they were in style- and I only recall most women wearing them for evening wear not grocery runs. That belt ! I’m sick of seeing it. I think b/c apartment has stairs from the pap moving photos I saw she is getting exercise from that. I do think the pics were maybe evening but where was Elsie? Home alone ? She is definitely too young to be at home alone without her sister there. Hopefully maybe weekend pics posted so she was with friends or at that class she takes? Anyways she posted the school pics stating E started before little E. While I believe she lies like a politician, I’ll give her benefit of doubt- she has to show GAL that she is trying to stay within lines. Seems like pap set up with outfits and way Big E stares at camera.
