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Ex-Wife GOES CRAZY After Dad Moves On With a New Girlfriend...

Syeda Mukta Aktar · 4,175 words · 19 min read

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0:00She's [clears throat] responded by

0:01saying, "Excuse my language, but this is

0:04what these texts say,"Fuck off. I don't

0:06want help. I want to [ __ ] not be

0:08here. The help I want is for someone to

0:10just kill me. And she says, "I give up.

0:13I can never win." He goes, "What

0:15happened?" She goes, "I was born. That's

0:17what happened." These aren't things

0:19blowing off steam.

0:21>> Sean, you're if you're talking to us,

0:23you're muted.

0:26>> No, Judge. I actually just got kind of

0:28got I actually went to court for a

0:30motion because the other council was in

0:32court. So we uh

0:35>> Okay. Uh Mr. Garcia, can you hear me?

0:44>> Doesn't look

0:45>> Oh, okay. Good. All right. Looks like

0:48we've got everyone back on Garcia versus

0:50Garcia. I have read the uh

0:55uh ADR specialists

0:58uh report.

1:05>> Was there any more you wanted to add,

1:06Mr. Kelly?

1:07>> Um yes, your honor. There's there's a a

1:10few things. Um,

1:13as you can see clearly outlined, the

1:15consiliator had concerns with uh

1:18defendant mother's uh recent suicidal

1:21tendencies or mental health or anger

1:23issues. Um, her verbal and physical

1:27aggression towards the plane that's

1:28occurred with the children present. And

1:31it's interesting,

1:34it's interesting that uh this morning um

1:39it's made to sound like none of those

1:40things are really an issue or really did

1:42occur, but as the court had reviewed the

1:45report, [snorts]

1:46she acknowledges these things to Miss

1:48Harsh. She didn't Miss Harsh didn't pull

1:51these out of thin air. Um she

1:53acknowledged that she harasses dad. He's

1:56since this response was filed your

1:58honor. My clients got over 40 text

2:00messages from mom um of varying degrees.

2:05Um some of them indicated that she now

2:08knows where he's working making bail

2:10threats about his work uh causing

2:13trouble at work uh to where he had end

2:15up ultimately blocking her from that uh

2:18further communication. She acknowledged

2:21to miss harshly threatened to punch him

2:22in the face. I've seen her anger

2:24firsthand when she came to pick up her

2:26summons and complaint from my office.

2:28She went on and on and was yelling and

2:31swearing and Mr. Garcia had to be back

2:34backed away from her because it looked

2:35like she was going to assault him at

2:37that point in time. If she's going to do

2:38that in my lobby, what do you think

2:41she's going to do when other people are

2:42not around? Um, she has acknowledged

2:46that uh she's acknowledged that she's

2:49vandalized his his automobile. I believe

2:53one of the kids was in the car when she

2:54did that. Um, then she said she's going

2:57to start dating his girlfriend's ex. And

2:59I know Mr. Carol represented to the

3:01court this morning. Oh, they're just

3:03friends. Well, Mr. Garcia shared with me

3:06this morning uh apparently a profile

3:10pick of these two um from October

3:15showing they're in a relationship. And

3:17then he provided a text message just

3:19from December 10th indicating they broke

3:22up but they got back together because

3:24she couldn't stand to be away from the

3:26guy.

3:28It's troubling that you would go out and

3:29search out your ex's current girlfriend

3:32to start dating their spouse. That's

3:34that's disturbing to me, your honor. Um,

3:37and then you then you throw in the text

3:39messages which were not from 2019. They

3:42were from just this last year. And these

3:43things have happened more than once.

3:45She's actually verbally said these

3:47things to my client as early as this

3:49summer. I I you can't ignore when she

3:52says to him and he's and if you read the

3:55text messages, I'm sure the court had

3:57already done so uh before. There's no

4:00antagonism going on from from Mr.

4:02Garcia. He's not baiting her. He's not

4:04name calling. He's not making light of

4:07the situation. He's trying to assist her

4:09to get through this. In doing that,

4:12she's [clears throat] responded by

4:13saying, "Excuse my language, but this is

4:16what these texts say. [ __ ] off. I don't

4:18want help. I want to [ __ ] not be

4:20here. The help I want is for someone to

4:23just kill me." And he's going on to say,

4:25you know, you need to get help. You need

4:27to get some assistance. Um, then she had

4:30an issue with apparently getting a user

4:33ID and he said, 'What's going on? And

4:35she says, 'I give up. I can never win.'

4:37He goes, "What happened?" She goes, "I

4:39was born. That's what happened. These

4:41aren't things blowing off steam. This is

4:43pretty concerning." And he's asking her,

4:46"Is there something I can do to help

4:47you?" She says, "Hit me head on with

4:50your car and make sure I'm gone. I need

4:52you."

4:52>> Mr. Mr. Kelly, I did read that. Uh,

4:55okay. I wasn't able to tell uh I don't

4:59recall seeing a date on it. Uh do we

5:02have any verification anywhere as to

5:05when those were sent?

5:07>> I would um I would request Mr. Garcia to

5:11respond to that question, your honor,

5:12because he provided me these these text

5:15messages. I believe they were from

5:16earlier this year.

5:18Buckle up, guys, because this case opens

5:21with some seriously disturbing messages

5:23that immediately raise the stakes. The

5:26attorney is presenting texts where the

5:28mother allegedly talks about wanting to

5:30die and feeling like she can never win.

5:33What makes this especially significant

5:35is that these statements are being

5:36discussed in the context of an ongoing

5:39custody dispute. Before the court even

5:41gets into parenting time, the judge is

5:44being confronted with allegations

5:46involving emotional instability,

5:48threats, and potentially dangerous

5:50behavior.

5:51>> Mr.

5:56>> Yeah, I can I can look right now.

6:05>> There was an instance on December 14th

6:08of 2019. one one on January 28th of 2020

6:13and then one on March 2nd of 2020.

6:19I the one I'm most interested in is the

6:21date of the text messages that are

6:24attached to Mr. Kelly's filing.

6:29Those are all with with those. The uh

6:35hit me with the car is on December 14,9

6:39and then the I want to die die is from

6:4212820.

6:47>> Thank you.

6:52>> Uh Mr. Kelly.

6:55>> Yes, your honor. And continuing on, I

7:00I I find it um I find it pretty

7:03disturbing as is as Mr. Carol says, is

7:06she a threat of harm to the kids? I

7:09don't know. Um um our exparte motion

7:13wasn't about um changing parenting time.

7:17Her expparte motion was more about at

7:19that point in time her leaving to go to

7:21New York with the children unplanned and

7:23us having contact with her family in New

7:26York. We had no idea she was coming. So

7:29we we we have more concerns with her

7:33mental health and what she's going to do

7:34to herself because you have a

7:35nine-year-old, a four-year-old, and a

7:372-year-old would be completely

7:39defenseless and utterly scarred if

7:41something were to occur in her in her

7:43care uh and custody. if something as

7:45simple as as not being able to get a an

7:49email link uh sets her off or coming to

7:52pick up a summon and complaint sets her

7:54off. Um it's concerning what could

7:56happen. Um it's interesting if she

7:59doesn't have these issues that she's

8:01apparently recently enrolled herself in

8:03counseling and and aggression

8:04intervention

8:06uh which is part of the consiliator's

8:08recommendation. I I think your honor if

8:10you're faced with these same type of

8:12factual scenario in a child abuse and

8:14neglect case with the agency requesting

8:17u those t same type of recommendations

8:20along with a psychological evaluation

8:22which I think would uh be beneficial for

8:26this court to know a is she uh what her

8:29current diagnosis is because she has

8:31told my client she's bipolar.

8:34um also to determine if she's a deta

8:38she's a danger to herself, if she's a

8:40danger to to others, and what would be a

8:42recommended treatment. I think that

8:44would be very beneficial considering the

8:46ages of these children uh for this court

8:48to take into consideration in making a

8:50determination moving forward as it

8:52relates to any type of a parenting time

8:55schedule that she would have. So, I

8:57would simply request the court to

8:59continue the order that's currently in

9:00place. um get that psychological

9:03evaluation completed by mom with those

9:05certain questions answered as I just

9:07referenced. I think we need to get an

9:09update from her counselor. What is she

9:11telling her counselor? What are they

9:12actually working on? Um if you're going

9:15in because you're going through a

9:16divorce, that's not really the issues

9:18that I think the court would be

9:20concerned with. Um I think that's all

9:22information I think the court would need

9:24to have uh before changing anything um

9:27in this particular case. Thank you,

9:30>> Judge. if I may briefly respond.

9:32>> Just just a second before you do. So So

9:37Mr. Kelly, the the one thing I'm having

9:39trouble

9:40uh understanding is if

9:44uh based on what she heard from the

9:47parties, the ADR specialist believed

9:50that the mother was a danger to the

9:52children.

9:54Why did she give her any parenting time

9:55at all? Your honor, I read it as the ADR

9:59specialist was more concerned that the

10:01the mother was a danger to herself. I

10:04don't I didn't I mean, if the court can

10:05point out in the consiliator's rationale

10:08where she felt she was a threat of harm

10:10to the children, um I must have missed

10:13that. I did not see that. I took it more

10:15of a her concerning her concerns had to

10:18do with her behavior directed towards

10:21dad. uh but also the statement she made

10:24about her own mental health and mental

10:26well-being and harming herself. Um I

10:28don't I didn't read in the consiliator's

10:30report anything that she was a threat of

10:32harm directly to the children. Our

10:35concern is is her doing something to

10:38herself with the children present if she

10:40has one of these episodes. Again, that's

10:43why I was requesting a psychological

10:45evaluation so we can see exactly what is

10:47going on and her level of of of

10:50functioning uh to determine if if

10:52something further needs to happen from

10:54the court.

10:56>> Who's who's going to pay for a

10:57psychological evaluation?

11:00>> I would submit that that would be mom's

11:02expense.

11:06>> Mr.

11:07Um, judge, I I I I think I agree on the

11:10same line of thought that the court was.

11:12If if this gentleman was worried about

11:15mom's safety with the children or even

11:17mom hurting herself, why didn't they

11:19file an objection to the report

11:20themselves, the the most recent

11:23circumstances we have with any of these

11:25texts, according to Mr. Garcia's own

11:28testimony, is March, that's seven months

11:30ago. from March all the way through

11:33October, they were exercising a 223

11:36schedule. Where's the more recent stuff?

11:38Where's something to suggest that it's

11:41that she was ever going to do it other

11:42than, like I said, blowing off steam?

11:45What we don't have, and now that I hear

11:47it, the way he describes it, where's all

11:49the phone calls where he might have been

11:50talking to her, goating her into making

11:52these texts? We don't have that. But I

11:55do know Mr. Garcia did attempt to hang

11:59himself in 2017 and a hospital was

12:02involved and he was transported by an

12:04ambulance. We're not trying to take away

12:05his parenting time because we're hope

12:07he's under control but we know he's

12:08drinking to excess. So there's

12:11conditions of that. Why would we get

12:13into anger management? Because it's

12:15already in order, judge. The order

12:17specifically says that we have to do it

12:18within so many days.

12:20>> My client's not afraid of education. She

12:22has no problem getting into those kind

12:24of classes. I don't know what the

12:26circumstances are. I I rarely ever, in

12:29fact, I never have clients on the other

12:32side of the divorce, come to my office

12:34to pick up paperwork because they

12:36probably don't even know why they're

12:37there entirely. They may have been told

12:40something entirely different about, hey,

12:41come to this attorney's office, meet me

12:43about something. And and that to me can

12:46never be a good situation, and I don't

12:48want it in my office. Perhaps Mr. Kelly

12:50has good luck with that. I don't know.

12:52But I think that's a little you're going

12:54to surprise her with a divorce. Um I

12:57don't know that that's the best way to

12:58go, let alone one that had an exparte

13:01motion attached to it, which which would

13:04have made it much more frightening to

13:06begin with. So I don't know what

13:07happened there. That's not in their

13:08pleadings. You know, they added that

13:10today. Uh she does see a counselor

13:14because again, it's part of the court

13:15order and she's addressing this. Whoever

13:18the person was in March, where's the

13:20evidence that that's continued at all to

13:22this day? Nowhere. Uh what we do know is

13:26we have nothing involving the kids being

13:28a problem. If the court wants a

13:30psychological order that they each get a

13:32psychological evaluation, clearly Mr.

13:34Garcia has got some kind of problems

13:36going on because he attempted it once

13:38and he's drinking to excess that he's

13:40losing his job. I mean, a job that he

13:43was making 60% more than he is now,

13:46maybe 70%. Uh, I would suggest that

13:49there's still some things going on

13:50between these parties that we in the way

13:52they interact with each other that's

13:54probably not the most healthy. Um, but

13:56that's how they interact. The kids are,

13:59from all I've seen are doing fine. They

14:02love mom. They love dad. They should see

14:04them equally. Uh, and if they don't see

14:06them equally, my mom should at least

14:08have the midweeks because she's not a

14:10danger to these kids. I don't believe

14:12her to be a danger to herself. We've

14:14given you a letter attached from the

14:15doctor she even works with who is also

14:18the doctor that prescribes her

14:19medication. So if we had an issue, we

14:22would see it there. She doesn't have

14:24bipolar. This is Jere Mr. Garcia

14:27unfortunately making allegations without

14:29any foundation. Uh does she have PTSD?

14:32She does have PTSD. Many of our US

14:34Marines do. I bet you Mr. Garcia has it

14:37too. U so judge I think that it needs to

14:39be changed. And going back to the idea

14:42of support, um the support would need to

14:44be changed correctly, too. How they

14:47ordered it when they were exercising

14:5050/50 that she pay the same amount that

14:52she would be if she wasn't, I don't

14:54know. I think they did it retroactive

14:56because the court recall when I brought

14:58the motion for holidays. I wanted to at

15:00least start getting support paid because

15:02they were exercising 50/50 at that time.

15:05And the court said, "I what I'll do is

15:07I'll just make the support retroactive

15:09to August 1st." Well, problem is they

15:12did 50/50 all the way through almost the

15:14entire month of October, but the front

15:16of the court made her pay as if it's the

15:19parenting time she has now all the way

15:21back to August 1st, which that doesn't

15:23make sense. They were doing 50/50 all

15:24the way up through the time of the

15:26consiliator's recommendation. So, again,

15:28either two midweeks in addition to what

15:31she has or go back to 223. I don't we

15:34don't fear any psychological evaluation.

15:36In fact, I'd be kind of interested in

15:38having one on Mr. Garcia. I don't know

15:40that these folks have that kind of

15:41money. Uh now that Mr. Garcia's, you

15:43know, he's making 60% less than he was.

15:46My client barely makes 30 grand a year.

15:48I think that's about what his income is.

15:50Thank you, Judge.

15:51>> All right, guys. Things escalate quickly

15:53as the attorney starts laying out a much

15:56broader pattern of alleged behavior

15:58rather than focusing on one isolated

16:00incident. He mentions dozens of

16:02messages, threats involving the father's

16:04workplace, alleged aggression, and

16:06claims that she vandalized his vehicle.

16:09Then the argument takes another dramatic

16:11turn when he brings up her alleged

16:13relationship with someone connected to

16:15the father's current girlfriend. But the

16:17biggest issue is still the messages

16:19suggesting self harm because the

16:21attorney argues these are not simply

16:24angry words exchanged during a difficult

16:26divorce.

16:27>> Briefly, your honor, um Mr. Carcy did

16:30not attempt suicide. I don't know where

16:32Mr. Carol's getting that because he had

16:35an ambulance ride. Uh that did not

16:37occur. Um instead he was actually

16:39talking uh with Miss Garcia about uh the

16:43concerns that was going on in his life.

16:44And again that was three years ago and

16:46he has since got help. He's stable. He

16:48doesn't have any issues. In regards to

16:50Dr. Van Wagnen, he is a doctor of

16:53internal medicine. He is not a a mental

16:55health professional. he cannot be

16:57prescribing her psychotropic medications

17:00um because he is a doctor of internal

17:03medicine. She would have to get those

17:04from someone else. The letter that was

17:07attached is that letter from him that

17:10doctor who is not trained in the mental

17:12health field. So I think that should be

17:14given little to no weight whatsoever. Uh

17:17your honor, you've seen the text

17:18messages what they are. It's

17:20disappointing that they're being

17:22completely minimized, but at the same

17:24time, it's must be concerning enough for

17:27her to get into counseling. If you're

17:29filing objections to these

17:30recommendations that you don't agree

17:32with them, I don't know why on earth you

17:34would start complying with the

17:35recommendations. Um, [clears throat]

17:37unless there is an underlying issue

17:38there. Thank you, Judge.

17:40>> Judge, the recommendation is an order.

17:42It's already in order. You already

17:43signed it. I have to comply with it. So,

17:45we do. The medication she takes is

17:47Xanax. Her doctor can prescribe Xanax.

17:49judge. That's not a psychotrophic

17:50medication. Take a look at the text. The

17:53the the medication that Jeremy tells her

17:55to take. Take a Xanax just like you did.

17:58That's why they were prescribed to you

17:59in California. Um Xanax is not psych

18:03psychotrophic. That's in the Maybe Mr.

18:05Kelly didn't see that. That's what's in

18:07the text. That's the medication. That's

18:09not psychotrophic medication. That's for

18:11people suffering from depression,

18:13anxiety. Uh there's unfortunately a lot

18:15of people prescribe Xanax um for that

18:18exact reason. Um so there's no

18:21psychotrophic medication. She's not on

18:23that kind of prescription.

18:26All right. So uh I step back and take a

18:30look at this situation. As I read

18:32through the uh consiliators

18:37uh analysis,

18:39I see a highly emotionally charged

18:45relationship

18:48with a lot of emotion after the end of

18:50the relationship.

18:52Uh there's uh uh

18:57ample reason to be concerned about both

19:01parents

19:03uh uh given many of the allegations that

19:06are in here.

19:08But the parents

19:10who knew about all of this stuff

19:16voluntarily

19:18entered into an equal parenting time

19:21arrangement.

19:26Where where was the concern

19:30when that was ongoing?

19:34It's only when it becomes a matter of

19:36litigation

19:39uh that

19:41that now all of a sudden these are very

19:44serious concerns. [snorts]

19:48Certainly the the text that was attached

19:52to Mr. Kelly's response was concerning.

19:55It was concerning to the court when I

19:57read it, but I had no idea

20:00when it was sent. Now I find out it was

20:02nearly a year ago

20:04and in the interim since it was sent,

20:07Mr. Garcia voluntarily

20:10engaged in a equal parenting time

20:13arrangement.

20:15Um, and and it looks pretty clear that

20:19at the time Amy Harsh made her

20:22recommendation, there was an established

20:24custodial environment with both parents.

20:28what she did was effectively to destroy

20:32that established custodial environment

20:34with the mother.

20:36Not that there aren't valid concerns

20:38here, but there are valid concerns both

20:40ways.

20:42Um, these parties probably can't afford

20:44psychals. I don't know what they cost,

20:46but I'm thinking they're probably in the

20:49neighbor of 1,500 bucks a piece. I'm not

20:52going to saddle them with that. Uh I do

20:54have concerns on both part uh uh but uh

21:01clearly they didn't have concerns about

21:03the other parent when they were doing

21:06their voluntary split.

21:09So uh what I am going to do I'm going to

21:13order a return to the parenting time

21:15schedule that they were observing

21:17voluntarily before this order entered.

21:21Uh,

21:23I'm going to order child support

21:25recalculated based upon that

21:27arrangement. I'm going to order

21:29appointment of an LG. I think Mr.

21:32Hotchkus is probably a good candidate in

21:35this case. Would either of you disagree?

21:38>> I have no objection to objection.

21:39>> No objection to Mr. H. Hot. Hotkiss.

21:41>> And uh, as soon as Mr. H.

21:44has a recommendation for the court. If

21:47that recommendation is for a different

21:49custody arrangement,

21:51uh uh we will reschedu this matter. I

21:55will conduct an evidentiary hearing and

21:57won't you make you wait till your trial?

21:59Uh uh clearly there's only one child I

22:03believe that's old enough for him to

22:04really interview.

22:06Uh that's Aiden. Is that right?

22:08>> Yes. The other two are too young so

22:10that's pointless. But, you know, Aiden's

22:12got a point of view in here. I'd like

22:14I'd like uh that point of view to be

22:17expressed independently to Mr. Hoskus

22:20and he'll get a chance to interview both

22:22the parties and if if indeed his

22:25recommendation is for something other,

22:27I'm not going to wait for a trial. Uh

22:29we'll we'll address that right away.

22:32>> Thank you, Judge.

22:34>> Carol, you submit that order?

22:35>> I shall.

22:36>> All right. Thank you. And let me say to

22:39both of the parties, I realize there's

22:43been a lot of emotion here. I get that.

22:47The sooner you guys that, and I don't

22:51put greater or lesser blame with either

22:54one of you, as soon as you can get past

22:57that, you need to. Your kids do not

23:00benefit from being around highly

23:04[snorts]

23:05emotionally charged conversations and

23:08exchanges between the two of you. They

23:10just don't. I'm assuming I don't even

23:13know. Are they doing uh uh council the

23:16uh

23:18um

23:20uh parenting? I forget what it's called

23:22now. Uh

23:24the

23:25>> parenting.

23:27>> Pardon?

23:28>> Did you mean the nurturing parenting or

23:29the parenting?

23:30>> No, no, the thing the friend of the

23:31court did. I'm sure they're not doing

23:33that.

23:33>> Oh, they're not. Yeah, they're not I

23:35think this I don't even remember if they

23:37ever this schedule, but the smile

23:38program.

23:39>> Smile. Thank you.

23:41>> Yeah.

23:41>> Uh there is a uh the

23:47a program that's available for online.

23:50Um,

23:52uh, it does cost you something. Um,

23:56uh, and I'm trying to remember the name

23:59of that. It's on my desk. So, I normally

24:01just grab for it and say, I want you to

24:03attend this. I want both parties to

24:06enroll.

24:06>> High conflict solutions.

24:08>> Yes. I want both parties to include

24:13uh, Mr. Carol, do you have access to the

24:15web information for that program? If you

24:17if you do you have the site there, Mike?

24:19Do you have the site?

24:23>> I got the pamphlet the judge provided

24:25me. It's called high conflicts sol high

24:28conflict solutions all one

24:32glumpto together.com.

24:34>> Okay.

24:35>> And then you just click sign up now and

24:37follow the onscreen instructions.

24:41>> Include that in the order. I want both

24:43parents to enroll. I want them to

24:46complete it. Uh the program will

24:48generate a certificate of your

24:49completion. Once you've done that, I

24:52want you to furnish it to your lawyer uh

24:54who in turn uh uh needs to forward it to

24:57the court as well as the other council.

24:59I want you both to engage in this and I

25:02want you to do it for the sake of your

25:04children. It's very informative. It will

25:08tell you things about what divorce and

25:10separation does to kids that uh you

25:13probably haven't even thought of. It's

25:16really hard on them. Really, really

25:18hard. And anything you can do to

25:21minimize that is going to be good for

25:22your kids. So, I hope you take that to

25:24heart. But I definitely want you uh to

25:28participate in that.

25:29>> Thank you.

25:30>> Carol, you'll submit that order.

25:32>> I will.

25:33>> All right. Buckle up, guys, because

25:35after hearing both sides argue over the

25:37allegations, the judge finally steps

25:40back and looks at the bigger picture.

25:42Rather than immediately accepting one

25:44side's characterization, the judge

25:46describes the relationship as highly

25:48emotionally charged and says there are

25:51reasons for concern involving both

25:53parents. That observation is important

25:55because it shifts the focus away from a

25:58one-sided accusation and toward the

26:00overall family dynamic. Then comes the

26:02key point.

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