Tuesday, April 21, 2009

A Day in Court with Kim Banister and My Day in the Court of Appeal

Rewind to Last Friday

I drove through the night from Richmond, Virginia through North Carolina, South Carolina, a whole lot of Georgia and finally into northern Florida brushing the Atlantic until I arrived at New Smyrna Beach just in time for sunrise on Friday morning.

I watched with a coffee and cigarette while a couple pulled up in their big car and cuddled while doing the same as me - I thought I should give them some privacy and left them to the sunrise.

A father who had contacted me about his own situation was in court before Judge Rowe (our new judge replacing Judge Doyle) and his ex had Kim Banister as her attorney too - I decided to join him firstly, because it was an opportunity to take a look at Judge Rowe and secondly, to give some support to a fellow parent-in-distress.

No names on this as Kim seemed to take umbrage at my presence - I was there to harass her client - someone I've never met and am unlikely to.

We all laughed at this - it's pathetic but don't laugh too hard!

Kim is an attorney primarily dedicated to acting for indigent mothers (and not so indigent but what the heck - the taxpayer is footing the bill so come on board one and all) I believe the run of the mill mantra is "Harassment, Fear, Intimidation" and it is quoted in any situation Kim doesn't like - don't belittle this strategy because it works as often as not.

Not in this instance though as Kim was adamant I was not to be allowed into the court room - it's a public forum came the response - I think Kim is a little rattled with not having her own way and a new judge.

How do I feel having my ex's attorney rattled?

Smugly ambivalent - what she does is none of my business all I focus on is the next step and planning playing chess in the jungle (sorry the legal process) but nice to see her reacting to me and not vice versa.

Speaking of which - Judge Rowe - hard to assess him at this stage, His Honor was polite and dignified and unlike Judge Doyle made no move to stop each side presenting their case. I felt he should have exercised more control over the proceedings - Kim has a habit of fillibustering when you are on a set allocated amount of time - I'll be watching for that when it's my turn with Judge Rowe and as Kim appears to have become a reader of my blog, now you know why I was there Kim ;)

The dad in this case is understandably ticked off - he hasn't seen his kids for a year and here he is trying to jemmy something out of his ex while the evening before his dad has been rushed to hospital and kept in.

Of course he's running hot under the collar but I told him what I tell everyone else - put your fists in your pocket, shut your mouth and stick your chin out.

After lunch at the Brickhouse and sweet iced tea and a pep talk from yours truly on "Keep your mouth shut!", he picked his kids up; I watched from a distance as they were dropped off and his son first hugged his dad but it was his daughter who made an impression on me - she just ran up to him and almost bowled him over - a far cry from the daughter who was supposed to never want to see him again. You cannot look at something like that and ignore the love involved - why that little girl had been denied contact with the dad she clearly loves and clearly missed is not sad, it is uncivilized, wholly avoidable and yet commonplace.

It is the currency of Kim Banister's world which is why I feel sorry for her and a great deal of pity.

I watched dad and sprogs drive off without a hitch - it felt good to see and I thought of Emily as I enjoyed another coffee and my last cigarette.

Come Back to Today

Today in Edgewater, it is a hot sunny morning with a cool breeze drifting in over the ocean and with a full tummy after breakfast with Rob Skelton (who had his daughter, Marissa Joy abducted to Spain) I am back with Ariel Ayubo and in search of coffee (Ariel and I met in Washington DC and he has his son retained in Brazil). Both fathers here in Volusia County and both relying on the Hague Convention to bring their children home to a court where Judge Doyle claims,

"Here in this county we're provincials, we don't do the Hague Convention!"

"Prat!" one wag exclaimed when he heard that.  "Horses Ass!" was another.

Thank God he's been sin binned to small claims court and out of family court - he can do less damage there and then only to a bank balance and not a family.

Today, my day will comprise of going through the record sent up to the Court of Appeal in Daytona and making sure my index of papers is correct and properly matched so I can start writing up my initial brief for the appeal.

At the same time I have to get back to the court in DeLand because it is time to get some hearing time for the court to consider sentencing Sheila for her criminal contempt.

What an appalling thought - I'm asking for the mother of my child to be imprisoned - but what else can I do, Emily is more important than my feelings and if the court had stepped up to the plate and straightened her out years ago we wouldn't be in this mess today.

I'm looking forward to getting done and heading home as much as the sun and beach look inviting, there is just too much else to do but for my parent-in-arms in Alaska, I hope you enjoyed your time and so did the kids.


Anonymous said...

Carl, you need to get your facts straight!!!

Emily's Dad said...

What facts need straightening out?

Anonymous said...


Anonymous said...


Anonymous said...

3rd child he hasn't seen and doesn't fight over? Not his father! Kids love their Dad! 8days to see them chose 2????? What would you have done Carl????? This is complicated and he is full of lies!! Check out Florida teacher file!!All records are open to anyone!! Like you said keep your mouth shut! Post this Carl!

Emily's Dad said...

Well Anonymous - obviously we've got something straightened out - 1. you're involved and 2. you aren't thinking about the children.

Let me put you straight:

1. I don't give much credit to people who wish to spout off but are "anonymous" - I have something to say and you damn well know it's me saying it;
2. a parent has every right to see their kids - if he can't see one you have no right to stop them from seeing the others;
3. I don't give a poo on a stick who's lying - he said, she said - keep that rubbish away from me it doesn't alter things one iota - kids should be allowed to see their parents, dad in this case so who the hell are you to say otherwise;
4. FACT - I was in court last Friday and the mom in this case should get her attitude adjusted and life would be smoother and easier for everyone involved - someone has to give somewhere and bluntly, she's at fault from what I witnessed; and finally
5. I saw with my own eyes how those kids reacted when they saw dad - they obviously love him and the little girl obviously missed him tremendously yet I understand she never wanted to see her dad again - that was her mom and presumably you talking.

You can tell me to shut my mouth as much as you like - you're simply cowards manipulating a couple of kids and reinforcing my low opinion of you while you do so.

Grow up and think of those kids first and don't come back until you've learned to act your age and not your shoe size!


Anonymous said...

your an arsehole and am a bloke who has some stuff to say to your face and more if you get balls to slink back into uk arsehole
that old whore your screwing money is as bad as you how are max and dizzy? and the twin boys you deserted arsehole? you still supporting them or giving them same attention as emily?

Anonymous said...

carl dont got any balls
hides behind a keyboard bullshitting and mouthing off
no balls hindle

Anonymous said...

as everyone knows arsehole
you post what you want others to read
you like to edit out
certain facts
and you do lot your own posting
your a total nut job
but your arrogance
will be your downfall sooner
than you think pal
your a wanker, edit and post this
no problems loser

Anonymous said...

carl doesnt know facts
carl likes to think he knows

Anonymous said...

your a want to be
ever wondered how the British media
not interested in your case pal
its due to you not being truthful
with all the facts.
how bout kids you deserted
and dont support
surely kim bannister
should bring them apples up

Anonymous said...

your a nonce

Anonymous said...

pot calling kettle black comes to mind
regarding not wanting to ask a judge to have mother your child thrown in jail
didnt you advise a certain other parent not to do same as its not in best interest of kids and all that crapola you spout arsehole?
double standards here bit of the
contradictory terms here
face it your a bum and your a
mouthpiece nothing more nothing less