In family court proceedings, judges prioritize the best interest of the child above all other considerations, including parental rights or public image concerns; this standard requires parents to demonstrate genuine commitment to reunification and child welfare rather than pursuing personal agendas or social media attention.
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How Do You Really Feel About Kelsey Case?Added:
We signed up for it, but we're not using it. That's >> Somebody complained by the way the other day on the fact that you kept going to what Our Family Wizard was. I just want to let you know. Obviously, it was some kind of troll. We had enough of you saying Our Family Wizard.
>> Wizard. Well, apparently you you cuz you went back to it and cuz you we couldn't remember what the O stood for. But we don't have this in And and then we looked at how much it cost.
>> everybody. Can you imagine that?
>> That's a complaint. If that's the complaint if that if that's the worst complaint that ever happens I'll be a waiting my awards. Anyway, so um so that he shut that off. And why? Because he says that Kelsey used the photo of the little boy and that had been agreed they shouldn't do that and that somebody had access to the information on OFW Our Family Wizard and therefore he's pulling the plug on that. Okay. So that was the the thrust of the request by Julie Hess on behalf of Kelsey Fitzsimmons plus some phone some FaceTime can we get some FaceTime here during the week because you know the current order um is once every other weekend on Saturday and Sunday for I think 4 hours maybe it's only 2 hours. And then after a month which will be next week we're going to throw in an an every other Wednesday for a couple of hours. So in that all that dead time Kelsey through her attorney was asking for some FaceTime. You know, even though this this child's 14 months 15 months.
So what? Mama Mommy he's not going to be saying mama. Sorry.
Um maybe he will. 15 months that's possible. I don't know. Possible?
Possible.
But he ain't sure ain't going to do it if uh you know he doesn't see her regularly. So of course today I think it was filed yesterday but it was a holiday filed electronically yesterday was the response from dad and it basically said well it says a lot and we're going to go through it bit by bit but I wanted to set the stage for that. He's basically contesting that it was his fault about the uh Our Family Wizard that she used the photo that everybody had agreed nobody should. He also acknowledges it was in her private Instagram and it doesn't show the child's face.
Other than that, it was a big violation that got him all up in uh all up in his business. Okay, but I'd like you to set the stage for what else it contends because I I have my Okay, everybody, what is this? I told you this was a clue.
>> Is that Is that a judge's uh collar?
This is what Ruth Bader Ginsburg used to swear. All the you know, she used to be a a justice on the Supreme Court.
Uh you know, one of the first and everybody who's female aspires to have her brain and all and well, not really have her brain, but you know, Have her uh >> Think her Yeah, her smarts. So >> So is that like the one she wore? Is it designed like that?
>> mine is actually Mine is not lace. Mine is actually with little bees and actually to be honest, it was a gift from me to me from my husband before we were married when he went to Columbia and he brought this back. So cuz it reminded him of Ruth Bader Ginsburg. I bet you he I bet you he doesn't even remember right now. When he sees this, he'll remember that Yeah, [laughter] okay. No, that was you know, that was a I don't wear it very often cuz I don't want to ruin it. I it's it's beaded. I don't want it to fall off. So it has inspired you Yes.
>> It has inspired me, but we have to know there is a page 11 in this filing which is pretty shall I say well, not welcoming to Kelsey. I on the other hand will welcome Trust is Love 62. Thank you for becoming a YouTube member. We'll talk about membership later on.
But I wanted to thank you because it did inspire me because sir, if I were Judge Orrick and I don't know whether he just gotten wind that maybe she'll want to try to uh you know, justify what she did with the original restraining order and I don't know what happened yet. So I'm I'm talking No, we don't know what happened yet. But, I'm looking at the order, which we're going to go through. Not the order, but the the response. I'm looking at page 11, okay? That's the page you're focusing on.
>> That's the page I was looking at, right.
>> Okay, that's the one that the references communication between mother and child.
Okay. Well, it also the the this establishment, at least when I printed it out, it references the the establishment. Maybe yours printed differently.
Uh the bar, uh the whole thing, you know, that whole thing.
>> page 14, officially.
>> Well, mine printed out of my printer is page 11, just so you know. Yeah, I don't know what the hell is going on with this.
>> it is.
>> Okay, so we're going to go through this whole thing, but go ahead and and uh Okay. do your thing.
>> So, if I were the judge right now, I would call I'd say, uh okay, are the parties all here in court? I'm calling Justin Elaine into the stand. Uh what do you mean? There'll be objections. I'm sorry, I'm the judge. I have questions, and I want them answered before you argue your position, sir, okay? And you can be him, okay, if you'd like to be.
All right, put on an alien face, I don't care. Sir, you said that this all happened, and we'll talk about what happened on May 6th with regard to uh the mother of the child which you're litigating against and objecting to her getting more time. And you're saying that this is a she was a basically a danger to the baby cuz she was a danger to herself. Drinking, uh flashing people, having sex in the bathroom. I'm leading I'm giving you the lead here, okay? Uh and that's May 6th. As I count it, today is May 26th, sir. If you were interested in that baby, why weren't you before this court before that? Why didn't you come to this court properly?
All right? Why did you wait for 20 days to put this in public papers and public filing? Why, sir, uh did you speak to this about anyone? Did you speak besides your attorney? Did you talk to your mother? Did you talk to her sister? Did you talk to another sister? Did you talk to her father? All right, I want to know the answer to these questions. Blah blah blah blah blah blah blah. Uh were you having her followed? Were you having the mother followed on her private time when she wasn't with the child? If you were, I want the name of the investigator and we're going to right now, as soon as I get the name of the investigator, and I'm going to find out whether you have any tapes or anything like that. We're going to adjourn to after lunch and you're going to come back and you're going to give me the I want the investigator here in person. No excuses.
I don't care if he's vacationing in Cancun. I want him here in person and I want any type of memorandum between you and the investigator if they were to you and not to your attorney and I want any video that was taken and I want to hear because we're supposed to be discussing the best interest of the child and reunification. And you, sir, don't seem to have that in mind. You here, sir, seem to have the ability to want to go before the public and blindside the mother of the child. Our job is attempt to reunify and if you can't reunify that, I'm going to take the baby away from you, take the baby away from your parents, I'm going to give it to the mother's parents or I'm going to give it to a foster care, maybe to a foster care right now until you work this out because you, sir, are not worried about the best interest of the father the best best interest of the mother and the child together and reunification. You, sir, are worried about your standing in front of the social media influencers and audience.
Okay? I'm done. Okay, then.
Well, we didn't see that happen today.
Well, that's what I would have done, okay, as a judge and I think quite frankly some of these judges in family court and some of these lawyers ought to grow murder defendant, you know, shall we say sneakers and shoes and wear them because at some point you have to take control of the situation and you can't let this go on because the more you let this go on, yes, you're interested, I'm interested as a judge in into what's the best interest of the child, but for 20-some days you weren't, okay?
>> Well, even worse than that and we'll get into the timing on this. She had visits with the child under the prior order this weekend.
So, if what happened or alleged to have happened and we'll get into it the the the verse uh on page my 14.
Um if that truly happened, then why would you just say, "Okay, fine. You know, enjoy your weekend."
>> [laughter] >> Why would you do that? Right.
>> That makes no sense. And I will tell you on some of these >> wait a second. I don't I don't see you answering for him. I mean, I don't see >> Well, I I I I I can't in any world put myself in his position and argue his position. I I can't. The only thing I would suggest is perhaps the PI, if there was one, uh is a work product issue, not attorney-client issue, but there may be some protection through work product. But anyway, I mean, I can't justify what it looks like is happening here. You know, I can't do it.
I'm not going to I'm not an actor. So, I can't I can't do it. Yeah. So, but work product and very interesting about work product. If the attorney hires the investigator, but if the attorney doesn't necessarily pay the investigator and the client pays the investigator directly, guess what? There are cases that say work product doesn't privilege does not apply, okay? So, these those are unknowns.
I raise the issue because it may be one.
And that's the only thing I can think of that he might be able to argue if that becomes an issue at some point if they ferret out >> And then you know what the judge is going to do? It Well, then you're going to You have the ability to waive it, sir. And if you don't waive it, I'm going to hold that against you because I want to know what what's going on because I'm the one that's the judge who has to decide the best interest of that child.
Yeah, and the funny thing is that no matter how many times you sprinkle that into your papers, best interest of the child, your actions speak much louder than that phrase. And most of the actions by the father in this case are in opposite of the best interest of the child. I don't care how many times you say it.
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