Mom violated every court order got caught & the judge made sure she paid for every single violation!

Añadido: 2026-05-11

[00:00:00]to the final matter 24-3-000026-08 Swindell uh visana. I I'm guessing at the name apologize. All right. So, first off, I see we have Miss Mlan. Uh and looks like we have Miss Is it Swindell?

[00:00:22]You're you're muted.

[00:00:23]>> Hi, Swindell.

[00:00:24]>> All right.

[00:00:26]So, Miss Swindell, the problem is that when I was looking at your documents, they're not sworn affidavits. Uh, and for me to consider them at all, they need to be sworn declarations, and they're not.

[00:00:44]>> Okay.

[00:00:45]>> So, you understand that?

[00:00:47]>> Um, yeah, I do. Is there a way I can make them sworn out for Davids? Well, you know, it's always difficult, like I uh have said many times is I understand you're not an attorney. I understand you may not understand the rules, but you're held to the same standard of the rules.

[00:01:09]So, uh let me hear from Miss Mlan uh in regard to that idea. Miss Mlan.

[00:01:17]>> So my concern is that obviously we had Miss Swindell um appropriately served for this motion. Her responses were late. Uh regardless uh and she didn't technically serve my office. Uh she apparently had a copy delivered to my client and um I had uh been watching on Odyssey and observed that the documents had hit Odyssey. So that's how we became aware. Nonetheless, we've been able to put together reply documentation for my client and given the concerns, we do believe it's appropriate to move forward.

[00:01:52]>> All right. Well, I am going to move forward today because there are significant issues and concerns. Uh but you need to understand one thing, Miss Wendell. First off, anything you file with the court, you must serve on Miss Mlan's office. meaning you provide a copy of it to Miss Mlan's office.

[00:02:14]So that's one thing. Secondly, local rules have the timing of when motions are filed, the timing of when things are due, and if you don't do that, then the court likely isn't going to consider those documents. So even if you had sworn affidavits then in regard to that idea uh that they weren't timely. So you had two things uh in regard to those issues. Finally, I want you to understand this is a temporary order idea. This is not a final decision on anything. So I want you to understand that as well. All right. So, Miss Mlan, um, with that, go ahead.

[00:03:04]>> Thank you very much, your honor. Uh, so may please the court, I do represent the respondent, Tucker Sandana, and, uh, just to make sure that the record is clear, this is cause number 24300268.

[00:03:16]Uh, the court has already addressed uh, the initial concerns as it related to the unsworn declarations. And I can tell the court when I was reviewing through Miss Swindell's reply documentation, there are a number of text messages. I had difficulty understanding a time frame for many of those as they were not referenced in her declaration. Most of the texts themselves do not provide an actual date as to when these communications occurred and at times it was difficult for me to understand who the communications were between. So, I would just point that out and suggest that the court provide uh minimal to no weight as it relates to those text messages.

[00:04:00]>> So, I'm gonna stop for just a minute, Miss Mlan, on that. This is another thing I wanted to clarify, and I should have done it earlier. One, when people send in massive amounts of text messages, chances are we don't have time to even review all those text messages.

[00:04:18]And I don't remember how many pages there were of that but 88 pages uh I believe is what I have. Uh we don't have time but the other thing is that people often don't one give us dates. So I have no time frame. I have no time no date or who is even saying what. You may know when you copy it who's saying what but I can't look at it and just go and know.

[00:04:47]So, I want you to understand that as well, okay? If you don't give any context to what's being talked about, there's nothing I can even figure out from it. So, and when I looked at the text messages, that was pretty much what what I saw. Okay. All right. Miss Mlan, >> thank you very much, Honor. So, these folks have an 11-year marriage, and they separated about two and a half years ago. Uh they do have three children born as issue of their marriage. Uh Jada is 11, Raiden is 13, and Jackson is 15. And as you can see from the documentation submitted by my client, these parties originally had filed for dissolusion in Clark County. They were both residing in Clark County at that time. Uh at that time, they had agreed to essentially a joint custody parenting plan with the children exchanging between each home on a gone week off basis. Um ultimately that action in Clark County was dismissed for one of prosecution and both parties have subsequently relocated to Pallet County. Uh most recently uh Miss Swindell has been uh influencing Jackson and encouraging him to stay with her primarily um even though the original parenting plan provided for a week on a week off provision. Uh but as my client outlines in his declarations and documentation, there are significant concerns within the environment uh from M. Swimbell.

[00:06:17]Jackson obviously at 15 is a teenager and he is uh going to go to the location of least resistance or at least in this case the area of least rules.

[00:06:30]Unfortunately, M. Wendell has been involving Jackson in the litigation, encouraging him to stay. And even if you did have a chance to review some of the text messages, you'll see that there have been times when she has communicated with him while he's been at his dad's house and undermined Mr. Sana's uh parenting authority during his residential time. On the other hand, uh, Miss Swindell also is of the opinion that if the kids are getting what she perceives as passable grades, then they're allowed to skip school, which is unacceptable to my client. Uh, and she has gone so far as to encourage Jackson to quit school, uh, obtain his GE, and has discussed smoking marijuana with him. All of these things are concerns relative to her behavior as well as her historical presentation. Clearly, Miss Swindell has significant questionable judgment. Uh we see that within her parenting of the children. We see that uh within uh her own current relationship and we see that within um factors that resulted in her losing her employment as a corrections officer. As my client tells you and and you see some of this in Ms. Swindell's responsive documentation, the parties were in a fairly drawn out um hearing relative to ongoing harassment uh by Ms. Swindell and her significant other directed towards my client and his significant other. The concern is that Miss Swindell is currently involved in a relationship with her former inmate with whom she had an inappropriate relationship with. They do have a child together. He also has a child from a prior relationship uh who has been engaging in inappropriately sexually charged behavior uh in front of or when the children are present at their home. And this is a matter that is currently being investigated by CPS.

[00:08:35]From what I understand, my client has put in the request for CPS records, but as the court knows, that takes ages to get for a private citizen, and we're hopeful that a guardian light would be able to cut some red tape as far as securing those records earlier. Uh, Miss Wendell's significant other has a very violent history. He resides in the home and as my client has told you, there have been instances where essentially he's been acting as the heavy on Miss Swindell's behalf in order to uh force compliance by my client to her wimps. My client tells you uh in uh response to Miss Swindell's uh bald assertion that my client has been abusive that in fact my client has been the victim. Uh, Miss Swindell um failed a Washington State Patrol uh onboarding employment polygraph because she was unable to uh answer that she had not been involved in domestic violence. My client tells you about her circumstances where she had pulled his hair, she had beat him, tells you about an incident early on in their marriage where she pulled a knife on him. also provides a police report from 2021 where she had threatened to kill him.

[00:09:56]Couple that with her own history of mental instability and she acknowledges that she is not currently apparently on any prescribed medication. She's not currently in treatment uh with her with any type of a counselor. She identifies in her declaration that she utilizes marijuana to control her PTSD. The concerns are uh that marijuana is not appropriate for individuals with PTSD.

[00:10:25]Um it also uh can counteract her depression which clearly has led previously to suicide attempts for her and hospitalizations.

[00:10:35]There's no way to meaningfully um identify how much marijuana she's using to appropriately address PTSD. And again that's contrary to um uh medical recommendations. So at this juncture uh we are very concerned by the environment uh within Miss Swindell's household. Um again allowing the children to miss the school negatively impacting their performance.

[00:11:02]Ms. Swindell openly denigrates my client during text messages that involve the children where she's calling him denigrating names. Um, and as uh referring to my client's girlfriend, uh, uh, inappropriate terms. Unfortunately, even the children's medical issues have turned into a battlefield for Miss Swindo where she will cancel appointments and reschedule during her time. Uh, she will exert herself in an attempt to promote a false diagnosis or narratives. even the sealed health documentation that she provides which is from a wellchild check for Jackson in November of 2023 which I I think is the child and adolescent clinic although it's not on letterhead but I believe the location CAC long view refers to child and adolescent clinic where uh even Jackson acknowledges mom is forcing him into counseling uh we have none of the counseling uh records uh for the children uh but clearly There are concerns as it relates to uh the children's environment with Miss Swindell. We are asking uh that the court place all three children primarily with my client. Uh we believe it's appropriate for there to be um limited visitation. We're proposing first, third, and fifth Saturdays from 12 noon to 6 pm. Uh there should be a prohibition about Mr. Musa or his daughter being present during those visits. We're asking the court to restrain Miss Swindell from using alcohol, legal or illegal substances unless prescribed by a physician and that my client be allowed to ask for UAS, hair follicles, and the like standard provisions that are outlined in our proposed parenting plan with the loser pain. Uh we are also asking the court to order Miss Swindell to undergo a collateralized substance abuse evaluation and parental psychological evaluation with parental risk components. Obviously, it is concerning when an individual um is somewhat excited about the opportunity to smoke marijuana with their children uh and um is almost giddy about explaining that she was involved in a drug deal. Uh given her history, it that's very concerning um as far as what's going on within her household and her outlook as a parent. So, we're asking the court to um adopt the parenting plan that we've proposed. We do believe that it's appropriate for a guardian to be appointed in this matter. Given the uh relationship difficulties between the parties, my client is also asking for the entry of a restraining order. The proposed parenting plan provides for the exchange of the children at the Kelso Police Department. But we are asking for a restraining order that my client or that Miss Swindell not come to my client's home, workplace, school, uh, etc. that she not disturb his peace and that she not threaten any type of assault or domestic violence. We believe that that's appropriate given the current status of this case. As it relates to financials, my client is employed as a supply planner with Eco Lab. We have provided under SEAL documentation relative to his current wages uh and last year's wages. We're asking the court to set his net income at $5,785 per month. Miss Swindell has not been forthcoming uh with regard to her um income uh or assets. Uh, as we've indicated, Miss Swindell has a family trust that apparently provides monies to her as well as provides uh or has paid for her existing housing, which we understand she owns free and clear. She has a history of employment as a corrections officer and it's our position that income should be imputed to her. For purposes of the child support calculations that have been submitted to the court, I've used the median income for an individual her age because as I sit here, I have no clue uh what her historical earnings have been.

[00:15:25]But obviously as a corrections officer, that would have been significant. Uh this basic child support calculation uh for the three children would be $951.90.

[00:15:37]We do recognize that Miss Wendell has another child with Mr. Muso. So, a deviated child support amount would provide for $796.86 per month. We're asking that the court adopt that effective March 1 of 24 and that Miss Swindell pay her proportionate share of uninsured health care expenses and uh extracurricular activity expenses for the children. Finally, we are asking the court to um allow my client to claim all three children as dependents on his 2023 tax return as Miss Swindell apparently does not currently have any taxable income. We believe it's appropriate for my client to uh claim multiple children. Thank you.

[00:16:19]>> Miss Mlan, you said from her declaration. What declaration are you referencing?

[00:16:25]>> I'm referencing So, she did provide a cover page. Uh, and I just looked at the first and considered the first three pages of her declaration. So, if you look take a look at for >> right and I apologize, Miss Wendell, it would be admissible.

[00:16:40]>> I'm sorry, what?

[00:16:42]>> But I want to clarify uh on what you filed with the court, the part that would be admissible that was talked about are the first three pages of the 80 88 pages that you filed. That's your letter. So, anything that's in that you can talk about. Do you know what I'm talking about?

[00:17:04]>> Yeah. Sorry, I'm just trying to get my bearings. Um, so first I want to talk about how inaccurate Mr. Sana's document was then. He lied about multiple dates on his document. We did not get married in 2010. We got married in 2009 when I was 17. We also didn't separate in 2001.

[00:17:28]And if I know I can't talk about it, but there's a police report, if we can extend this, I can get it sealed and put it in of us even fighting in 2000.

[00:17:40]Uh before the date even says when, sorry, I'm so flustered. Um he lies about when we separated. Also, I did not get fired from DOC. I quit. Um, and yes, to it wasn't necessarily to pursue a relationship, but I knew that my time in DOC had ended. The way that large correction center was ran, I did not agree with, so I quit. And I did meet somebody there, and we are together in a very healthy relationship. There has been nothing negative that's come from this relationship. I would also like to point out that uh Mr. Sana says that uh Mr. Musa was used as a heavy. Mr. and Dana had no problem leaving our children with Mr. Musa while I was in the hospital for 11 days for visitations.

[00:18:28]Um, they had no problems correlating that he would leave our kids with me every morning on his visitations and every evening.

[00:18:38]>> I guess I would some of this is outside of the scope of the declaration.

[00:18:41]>> It's just the three.

[00:18:42]>> Am I allowed to talk about his declaration?

[00:18:44]>> Only if you responded in your declaration.

[00:18:48]>> Okay. And if you agree with what he's saying, that's one thing. But if you're disputing it and you didn't dispute it in your declaration, then no, >> that makes sense. I'm sorry. I'm trying to remember everything that it was a lot in there. Um, but it was just in the first three pages. But, um, there's been an escalation of behavior. It seems like every time I if I play by the rules for Mr. Sana, everything goes fine. We can co-parent just fine. And then as soon as my son doesn't want to get his haircut and Mr. Sana is forcing that on him and I step in for my son and he's pushing these rules then and that's what I talk about in my declaration is is an escalation in behavior this happening and now that I filed this with my son my 15-year-old son our 15-year-old son asking to live primarily with me >> I guess I would object as to the hearsay >> there's a lot of hearsay >> I can't just go ahead >> I've never done any sort of drugs in my life I am in active therapy. I see two different doctors. I just had a near-death experience last year, and so I'm definitely still healing from that.

[00:19:59]I'm I'm actively in therapy. I encourage my children to be actively in therapy. I don't go into their therapy sessions. My oldest, he's 15. They just butt heads.

[00:20:08]I'm not trying to like start this drama, but I do feel like when it comes to my kids, I do explode. and I'm trying not to, but when he's not letting me talk to my kid and I haven't talked to him for, but there's never been any sort of like there was when we first separated, there was a big, you know, ex like explosion.

[00:20:27]Then he started dating, I was dating, we were good for like and then now that things just aren't going his way. Now he wants to he's had people come to my house multiple times to sign and that's in my declaration, too, to come sign divorce papers multiple times. Nothing's been filed. Like, he has the money to do it. I don't have a trust fund that pays for my stuff. There is a trust fund, but we don't get anything from it because the park doesn't have any revenue. So, if it sells, then yeah, I'll get some, but we don't have any revenue coming from that park. I haven't since like 2016. I can provide proof of that. I just need time. I don't know how to get all this stuff. I'm not an attorney. I'm sorry. And I feel like this is legal abuse. This is parental alienation cuz he's calling my kids into the room, talking to them about how dangerous I am, who all these dangerous people I hang out with. I'm building a business with my best friend since middle school.

[00:21:19]I don't I smoke a little weed and that's it. And it's not even CPS has come in because he's contacted CPS. He's had people contact CPS. They've come in.

[00:21:30]It's closed. I also provided that, but it's not I can't talk about it.

[00:21:34]>> Anything else?

[00:21:34]>> I guess that's all I have to say. Miss McClan, >> I don't think I have anything further.

[00:21:39]>> So, this is always difficult when one party is represented and the other is not. I understand your frustration. Uh, and quite honestly, the court uh gets frustrated with not knowing necessarily the the full picture, but I'm not saying that against the father. It's just a uh one thing that I I would note. Uh, and as I said, the same rules apply whether you're an attorney or not. The one thing I, you know, uh, there are organizations that you can make contact with and so that's all I can say in regard to that.

[00:22:21]>> I'm on a waiting list for one.

[00:22:25]So uh as I said we are going to move forward and so based on the admissible files and record the court does order the following requests of the father at this time in regard to the proposed parenting plan. Let me go through that.

[00:22:45]I will adopt the 191 factors on paragraph A. On paragraph B, I will reserve in regard to the limitations.

[00:22:58]Visitation at least at this time will be the first, third, and fifth Saturday of each month from 12:00 noon to 6:00 p.m.

[00:23:08]Subject to the following. The father may request random observe your analysis, hair follicle or nail test of the mother at any time. The father shall prepay for the testing. All testing shall be observed by the testing agency. If the mother fails to provide the requested analysis testing within 4 hours of request, said failure shall be considered a positive test and all visitation shall be suspended pending further court order. If the mother submits to testing and said testing shows positive for illegal or non-prescribed drugs, including marijuana or alcohol, or has validity concerns, the mother's visitation shall be immediately suspended pending further court order. Failure to submit to testing a positive test result, excuse me, a positive test result for drugs or alcohol as outlined above or test results where validity is questioned shall require the mother to reimburse the testing cost to the requesting parent within 7 days of the testing date. If the analysis testing is negative, the requesting party shall bear the cost of the testing. Copies of all the urine analysis testing results shall be provided to both the requesting parent and the parent tested. The mother shall be enjoined a restrain from talking negatively or allowing third parties to talk negatively about the father to the children. The mother shall provide their current excuse me their current address and phone number at all times prior to their visitation. The mother shall be enjoined or restrained from being under the influence of consuming alcohol, legal or illegal drugs except as prescribed by a treating provider.

[00:24:50]The mother shall be enjoined and restrained from allowing the minor children to have contact with Jason Muso and or Kiana Muso or any known domestic abuser, drug user, any individual under the influence of alcohol or drugs. In regard to evaluations, the mother must be evaluated for and receive the following substance abuse evaluation. I am not going to order the psychological evaluation with parental risk components at this time. That will be reserved. The evaluation shall consider input from the other parent and the guardian. Evaluation shall be completed with providers agreed upon between the parties and are approved by the court. All evaluations and participation in any recommended treatment shall be at Ashley Swindell's expense. The mother shall start or continue and comply with treatment as recommended by the evaluation. The mother shall provide a copy of the evaluation and compliance reports to the other parent and the guardian item within 5 days of receipt of the same and to the court and all parties under seal.

[00:25:54]If this parent does not follow the evaluation or treatment requirements above then one failure of the mother to provide evaluations as recommended by the guant item shall be caused by the father of visitation issues as to the mother reviewed by the court. The court shall maintain jurisdiction to ensure compliance andor enforcement of this provision. As to decision making at this time, it will lie with the father and they are listed out in the parenting plan. I'm not going to read through everything. Dispute resolution shall be by the court. Excuse me. In regard to parenting time, I've already talked about that. Transportation, the children will be exchanged for parenting time at Kelso Police Department parking lot.

[00:26:43]Each parent shall pick up and or deliver the children to the exchange location identified above being the Kelso Police Department. The children shall transport themselves from each parents vehicle to the other parents vehicle. So in other words, I do not want disputes and fights and arguments at the Kelso Police Department parking lot. The children shall be picked up and returned at the designated times. Should a delay become necessary, the other parent shall be notified immediately. All transporters shall be timely in their transportation exchanges of the minor children to avoid delay of more than 15 minutes following the time of exchange. If there is an emergency, that information shall be relayed as reasonably as possible to the other parent. If the parents transport the children by automobile, then age appropriate children's safety restraints shall be used at all times during said transportation.

[00:27:35]B. Only licensed and insured drivers may transport the minor children. By the way, the parent transporting the children to provide proof of insurance shall result in a waiver of visitation until such time as appropriate.

[00:27:48]Documentary proof is provided. I'm not going to go through the moving with children. That's all in there. If either party moves, what that takes. And then paragraph 14, um it just talks about education information regarding the children. uh the exchange of that information, the communication with children. And I just I want both parents to make sure to read that and follow it. So with that, I'm signing off on the parenting plan. So Miss Swindell, in regard to the parenting plan, I know you don't agree with it. I just need to know if you approve via Zoom.

[00:28:33]>> I'm sorry, what? So your sign your signature is not on the parenting plan and I know it the signature does not mean that you approve of it necessarily.

[00:28:44]It's just whether or not I can put approve via Zoom because it's what I'm ordering.

[00:28:49]>> So I have to say I approve it.

[00:28:51]>> It's up to you.

[00:28:52]>> No, I don't approve it.

[00:28:54]>> Okay. All right. Uh, in regard to the temp, well, in regard to the restraining order, I am signing off on that restraining order. Miss Mlan, will you be getting copies of these things to Miss Swindell?

[00:29:09]>> Yes, I will, your honor. Would you please um on page, excuse me, page two, paragraph 4?

[00:29:16]>> I I marked it.

[00:29:18]>> Okay. And then also on page three, paragraph seven, ask that the court indicate not required since we already previously served it. And it's similar that I will provide conformed copies of all documents to Miss Swindell.

[00:29:32]>> So Miss Swindell, uh, in regard to this, I have to ask you the same thing. Uh, do you approve the assume? It doesn't mean you agree with it. It's just that it conforms to what I'm ordering. You're muted. I don't know if you know that.

[00:29:48]>> Oh, that's fine.

[00:29:49]>> So, I'm just putting approved via Zoom.

[00:29:52]Again, that's not to say that you agree with it. It's just that it reflects what I'm ordering. Understanding that, Miss Swindell, do you want me to change what I put on the other one?

[00:30:04]>> Yeah, please.

[00:30:05]>> Okay. All right. And then in regard to child support, uh the court is adopting the child support worksheets imputing at the uh median income based on the work history with the commencement of March 1. Your honor, I haven't worked since December of last year. I was hospitalized and I've been at home taking care of my kids since then. I don't know what you want me to pay child support with.

[00:30:40]>> Basically, I'm finding that you're voluntarily unemployed and that you have the ability to be working full-time. I have nothing to show me any differently.

[00:30:52]So, it it starts I'm going to make as April one, not March one. So it doesn't go back in time if that's what you're thinking.

[00:31:03]>> So did the court make that change at paragraph 11?

[00:31:05]>> I will. But in regard to the child support worksheets, are you uh okay?

[00:31:11]Again, understanding what I'm ordering, not that you're approving it to put approved via Zoom.

[00:31:18]>> Yeah.

[00:31:19]>> And then I am going to appoint a guardian at lightam. Who do we have next on the list?

[00:31:27]That is Sher Eald, Beth Bellows, Karen Lawrence, >> Miss Mlan, do you strike any of those?

[00:31:35]>> I don't think I have any objections.

[00:31:37]>> So, uh, Miss Swindell, basically, you have a right to object to any three of these if you so choose. I know you probably not familiar with them, but but it's up to you.

[00:31:53]>> It doesn't matter, Jimmy.

[00:31:55]>> Okay. So, we go with the next one on the list, which is Sherry. Is it Bald?

[00:32:00]>> Bald.

[00:32:01]>> And is it S?

[00:32:03]>> S H E R I.

[00:32:06]>> N E >> B A L D.

[00:32:10]>> So, this one I'm actually going to need a different order. Miss Mlan, under the application uh from Miss Swindell, uh it states that she's indigent. uh that was upon filing of this matter and so that would mean I I need to make her have payable by the county.

[00:32:34]>> Is the court willing to just uh interline the uh on the top of page four under petitioner um that that would be county pay per 50% would be county pay.

[00:32:47]>> Problem is that the amounts are different.

[00:32:50]>> Oh, so how do we handle that? Do we which which threshold do we use then?

[00:32:56]Let me go back to I don't remember off the top of my head what the new amount is for county.

[00:33:02]>> Um so excuse me.

[00:33:05]>> So the private pay >> 1485 >> correct. So um okay so >> the 3,300 is for the one paying >> right >> private pay and the uh 1485 is half of that is >> so why don't you do um 1650 instead of 15% for the respondent and then 74250 would be for the petitioner $742.50 50 cents and then maybe just reference that that's county pay and then >> hold on and miss Swindell explain this here in a minute. And what did you say the amount for the uh respondent?

[00:33:51]>> 1650. So the 3,300 total then would be changed to $2,392.50.

[00:34:01]>> So Miss Swindell, are you there?

[00:34:03]>> Yeah.

[00:34:05]So what I in regard to the guardian adidum I determined based on the indigency for the filing that your half would be paid by the county and the respondent's half would be paid by him.

[00:34:25]So that's what those figures are all about and they go at different rates, county pay versus uh private pay and that's why the two different figures are being talked about.

[00:34:37]>> And then does the court want to add a reservation language for review of reimbursement once we get further discovery?

[00:34:45]>> All right. I did put review of county paying petitioners half is reserved for further review once income is known. All right. So, Miss Swindell, again, are you okay to put approved via Zoom on this?

[00:34:57]>> And could I inquire if Miss Swindell has a an email that she can share for that form as well for the G to reach out to her >> atgmail.com.

[00:35:08]>> Thank you, >> Miss Swindell. uh on our superior Kellis County Superior Court website, there's a page for the guardian at Lightams and go to that page and you can look for Sher Evolve's name and contact information and you can let her know that uh she was appointed as the guardian in your domestic case. Do you know what a guardian at Lightum is?

[00:35:37]>> No, I don't. A guaranteam is somebody appointed by the court to investigate the uh best interest of the children and make a recommendation to the court as to what they see uh as I said the best interest of the children for visitation and schedule and that kind of thing. I understand to a certain point, but how are they going to know if they don't ever see the children in my care or will they?

[00:36:05]>> Well, work that out with the guardian at blight.

[00:36:09]>> All right.

[00:36:11]>> They're trained. They know what they need to do. They know what they need to ask you for.

[00:36:16]>> All right. So, I have signed off on that order.

[00:36:21]>> And then you should have a temporary order. And then the email I'll just put in here. Ashley, you said it was 91.

[00:36:31]>> Yes.

[00:36:32]>> And it was at what?

[00:36:34]>> Gmail.

[00:36:35]>> All right. So, I signed off on that.

[00:36:38]That brings me to the temporary order.

[00:36:40]And all the temporary order really does is um Oh, there are some additional orders that I did not talk about. Um, the petitioner will possess and use vehicles, financial accounts, and personal property in uh their possession now, including but not limited to a 2020 Chrysler 300 and 2005 Dodge Durango. And then the respondent will possess and use uh vehicles, financial accounts, and personal property in their possession now, including but not limited to the 2018 Ram Rebel 1500 and 2021 Yamaha R7.

[00:37:19]Both parties must not move, take hide, damage, borrow against, sell, or try to sell or get rid of any property unless it is a usual business practice or to pay for basic needs. Both spouses must notify the other about any expenses that are out of the ordinary. The petitioner and respondent must each be responsible for their own future debts, including debt from credit cards, loans, security, interest, and mortgages, unless ordered differently. And then uh the respondent at this point Tucker Synindana shall be allowed to claim Jadis Synindana Raiden Sindana Dana and Jackson Synindana as exemptions and her tax credits for the tax year 2023.

[00:38:01]The petitioner Ashley Swindell shall complete sign and mail to Tucker Donna IRS form 8332 release a revocation of release of claim to exemption for child by custodial parent for the tax year 2023 as to all three children. Ashley Swindell shall mail the completed IRS form 8332 to Sana within 14 days from entry of this order with the court. That form, I believe, can be found online. I'm not quite sure.

[00:38:32]Um, but that form you do need to get signed off and mailed to him.

[00:38:38]>> And if Miss Swindell has no objection, I can also email that to her and we can arrange for her to electronically sign it if she would prefer.

[00:38:46]>> That's fine.

[00:38:48]>> Okay, we'll get that done.

[00:38:50]>> Are you okay if we email you conformed copies of the orders or do you want me to mail them to you?

[00:38:56]>> Email is fine.

[00:38:58]All right. Thank you very much.

[00:38:59]>> All right. And I'll just approve via Zoom. Are you okay with that?

[00:39:03]>> Yeah, that's fine.

[00:39:05]>> And just for the clerk's edification, the order, the GA appointment order sets a 30-day compliance on the GA process of April 30th at 9:00 a.m., >> you know, >> and then >> I fine. I guess that's spring conference.

[00:39:24]>> Oh, I didn't know that. I don't know what dockets they're going to have.

[00:39:29]>> Um, so could we set that then to May 7?

[00:39:32]>> That would be fine. Let me get that back. Miss Wendell, what I'm talking about is the judges go to a a meeting for a few days and so we don't have our regular dockets.

[00:39:45]So I'm going to change the date of April 30th to May 7th. So, Miss Swindell, your next court date is going to be May 7.

[00:40:00]>> Okay.

[00:40:01]>> And then that also sets a final final GA on August 6th at 9:00 a.m., >> right? So, those are two important dates to remember. Um, but Miss Mlan will give you a get you a copy of everything. So, make sure to review it and read it carefully. Again, understand these are temporary orders. These are not final orders and make sure to make with the guardian at lightam.

[00:40:28]>> Yes, ma'am. Um, do you know that when our next court hearing there'd be a chance for this to be changed, the parenting plan?

[00:40:39]>> I will look at the report if the report is done and um possibly consider it.

[00:40:46]Just depends on what the content is.

[00:40:48]>> Okay. And then also, I know it said uh something about a UA and there being no marijuana in it. I have smoked marijuana, so it's going to be in there if I go to like take it today or in the next 30, 45 days.

[00:41:04]>> Yeah, that's understood.

[00:41:06]>> Okay. So, they're not going to just like not let me kids if it's in there a little bit, right?

[00:41:11]>> Miss Mlan, >> what's your last day of use >> today? Okay. All right. Yeah, we'll I'll just get that. My client will take that into consideration. Obviously, that's on the record as well.

[00:41:24]>> All right.

[00:41:25]>> All right. Thank you. That takes everything for today.

[00:41:29]>> All right. Swindell and Sana 243002608.

[00:41:34]>> Yes, your honor. Noel McLean appearing on behalf of the respondent Tucker Sana.

[00:41:39]>> All right. And it looks like and we have uh Ashley Swindell present.

[00:41:44]>> Yeah, I'm your honor.

[00:41:45]>> All right. Thank you very much. Um there you just every once in a while I review my notes and I they don't make sense to me and so I just have to look at something before and then it all usually comes back. So just give me one second.

[00:41:59]So it looks like there is a motion the contempt motion isn't on today. Today is the motion for a temporary family law order. Correct.

[00:42:09]>> Yes. and that was filed by Miss Swindell and it looks like there is a new uh proposed parenting plan being requested for those three children and right and I've reviewed um for the record I've reviewed that motion the declaration and support the uh proposed parenting plan and then um the reply declaration and let me just the reply by declaration.

[00:42:40]I'm weeding through here to make sure that I'm not uh conflating the contempt uh motions with the or contempt responses with the to the parenting plan. So, Miss Wendell, go ahead. It is your motion.

[00:42:56]>> Um thank you, your honor. Um uh I wanted to emphasize to the court that I have been the primary parent for all of the children's uh up until March 19th, the last court date. and that Mr. Sana had no issues with our children being around me, my partner, or my partner's child, um, until I filed for full custody of Jackson, which would have required him to pay child support. Um, the sudden shift in this stance, his intentions are financially motivated rather than focused on the children's well-being.

[00:43:26]Despite having the ability, for years, Mr. Sana has never put our children on medical insurance. They have only had state medical coverage or the medical insurance provided by me through my work. I guess I'm I'm going to object at this um as this exceeds the documentation that received um and I note at the top of this motion, your honor indicated you reviewed a declaration. I've not received a declaration for this motion. I received a motion for temporary orders, an information regarding a temporary parenting plan, um a proposed parenting plan, and then >> subsequently we had re proposed temporary family law order, child support worksheets, child support order, and the docket notice, and a summons to modify the child support.

[00:44:18]>> Okay. I didn't receive any of the support uh information. So I don't have that I don't see that as part of her initial um motion. So I I don't have any of that. So child support is not something that will be discussed today.

[00:44:32]And uh and I will clarify in Odyssey it is listed as index 53. It says declaration in support of a parenting plan. When you look at that that's the information for a temporary parenting plan. So I don't know if that was entered correctly or um because it's not it's not a declaration as declaration.

[00:44:50]It is the information for temporary granting plan.

[00:44:53]>> Right. So given that I would um object to the argument that exceeds scope of her declaration >> and I will saying that. So Miss Wendell you need to keep your uh argument to the information that's been provided to the court and the other party.

[00:45:08]>> Yes.

[00:45:09]>> Yes.

[00:45:10]>> Um okay. So, our oldest son has been grounded for over 2 months, which I believe I've put in the letter that I've given to the court and to Miss Noel. Um, he's been grounded for communicating with me about issues that are going on in the house. My middle son, right?

[00:45:29]>> I'm sorry, but again, I'm going to object because this is new information that should have been included in her initial declaration so that my client could have had an opportunity to respond. I saw that documentation that was filed uh this last week as being responsive to the pending contempt motion.

[00:45:50]>> I and I don't see Miss Swindle thing in your motion for temporary order um or your declaration in support of a parenting plan that indicates that anybody was has been grounded for two months talking to you. Um I understand that you're alleging that there's >> parental alienation.

[00:46:10]Um, so I I understand that and I don't know if that's um >> that's yeah, partly due to >> All right. Go ahead.

[00:46:19]>> Um, the alienation that I'm referring to, part of the lack of communication that he's been imposing on our children, um, if they communicate with me about anything that's going on in the house, he will remove their cell phones from them and tell them that they're inappropriate for contacting me about issues. Um, and it's been going on now months with our oldest.

[00:46:42]>> Again, I would object at this point due to the hearsay.

[00:46:45]>> All right. So, >> so here's here's my concern. There's a couple things that I'm just going to put out here right now. So, the parenting plan, the last court date um was in mid to late March. Judge Han entered an order appointing a guardian edum. She entered a temporary family law order, a child support worksheet, and a temporary parenting plan. Does everybody agree about that?

[00:47:12]>> Yes.

[00:47:13]>> And that temporary parenting plan um was I'm looking at it right now. Has Judge Hans um lining out a whole bunch of different areas, striking certain areas, reserving on certain areas. Um and uh clearly Judge Han made the uh on this temporary parenting plan. We can all agree on that. I believe um I understand that there is a motion uh this is a little bit unusual for within two months to have a motion for a new parenting plan entered. There wasn't a motion for reconsideration of Judge Han's ruling.

[00:47:54]But if you're asking for uh a completely different parenting plan than the one that Judge Han just entered two months ago, I think it's most appropriate to be heard by Judge Han since there's clearly a reason why she entered the parenting plan that that she previously entered.

[00:48:09]And I will tell all the parties that I did not and I know that there's a G on board now, so that could be uh additionally helpful. But um I did not review anything uh to that temporary parenting plan being in place. So I don't have any background as to why um why that was order was the way that was ordered. So clearly uh Miss Wendell, you have some concerns with that. I I can understand that and sympathize with that. Um I'm assuming you've been working with the G since they were appointed two months ago. Is that correct?

[00:48:42]>> Yes, your honor.

[00:48:43]>> Right. Um, what I'm inclined to do, and I don't know if the parties are available on either July 2nd or July 9th, but I think this is most appropriately heard uh by Judge Hans since she literally just entered a temporary parenting plan in this case.

[00:48:59]>> Your honor, the contempt motion is scheduled to be heard on July 2.

[00:49:03]>> Is everyone available on July 2nd?

[00:49:05]>> Yes.

[00:49:06]>> Yes, your honor.

[00:49:07]>> All right. So, I'm going to set this two weeks to July 2nd, uh, 2024 at 9:00 a.m. for Judge Han to, uh, hear the merits of, uh, the request for a new parenting plan.

[00:49:21]>> Thank you.

[00:49:21]>> So, everything at this point will remain as is and we'll come back in two weeks and, uh, you can make your arguments before Judge Hong.

[00:49:29]>> All right. Thank you. Uh what matter is that if we may call um Swindle and Sindonna. I'm not sure if child support's being addressed today. So I just wanted to um confirm if that's being done or not.

[00:49:40]>> I'm sorry. What is the name?

[00:49:42]>> Uh Swindle and Sana. Okay. On my docket, it's 15 >> 24-3-000026-08.

[00:49:52]>> No MLAN appearing on behalf of the respondent. Tucker Sandanna.

[00:49:56]>> Do we have Ashley Swendell?

[00:49:58]>> Yes, your honor. from here.

[00:50:00]>> All right. Thank you. Be just a second here. And I apologize, Miss Looney. You were indicating what now?

[00:50:07]>> Well, your honor, um, when we were here last, Miss McClan had indicated she'd been served with a proposed child support order and worksheets. Um, and that, um, at that time, I believe just judge that was presiding said that those were not available to the court. Um, the state has not received copies of that either, and I don't know if the court has them at this point. I had received a motion from Miss Swindell, which is the motion for um I think it's number 13 on your docket. Um Miss Swindell had filed a motion asking this court to modify the temporary orders by changing the parenting plan and the child support order. And we've objected to that. But >> do you know when that was filed?

[00:50:49]>> I received it on May 23.

[00:50:53]Uh it looks like it was filed on May 17th with the court.

[00:50:57]>> Okay.

[00:50:59]>> And I had so some of the difficulties that we're having is multil um serve my office hand have hand delivered to my office um or email us certain documents but they tend to be different than what's filed with the court. So, I had received a hand I think it was a hand delivery or no, it's an email delivery that included a proposed child support order. Um, but I don't know that that I don't see where that's actually filed with the court proposed parenting plan, it looks like. So, when I went to go put them into the court, uh, they told me to contact child support. I have not been able to do that and they didn't take those forms and I had already scanned that all in and accidentally sent it to you as that.

[00:51:50]>> All right. So, the two things that I know are on uh was the content and the mother's motion. Uh so, are you are you saying Miss Mlan bottom line is you have the the same documents that have been filed? Is that what I'm understanding? I have more documents than so I do have a proposed child support order and worksheets from Miss Swindell. She did not serve the state. Um and apparently the clerk's office did not accept those documents, but I received them. I don't know if she if the court has proposed orders from her that include that. She's she's asking to modify the parenting plan to change custody back to her and she's asking to modify child support and those those are based on her motion that appears to have been filed. So what I have is I have in regard to the parenting plan, but I do as to child support and maybe I'm missing sometimes.

[00:52:50]It's hard to tell from all the documents and what is what. Uh but I don't recall seeing any child support. And you're telling me, Miss Swindell, that they didn't accept those documents. Is that correct?

[00:53:05]>> Yeah, that's correct. They they referred me to or they told me to go contact ch the child support.

[00:53:11]>> All right. So, Miss Looney, um sounds like you have not been contacted yet.

[00:53:17]>> We have not, your honor.

[00:53:18]>> All right. So, Miss let's let's just start with that matter then. If the child support is not here, the state has not been contacted, then I it doesn't make any sense to proceed forward with that particular matter. Uh this one, Dale, would you agree since I don't have everything?

[00:53:41]>> Yes, your honor.

[00:53:43]>> All right. And I I would simply ask that the court um reserve my client's request for because technically this is the second time we've been here on this motion. Uh we were in front of Judge Facet on this motion on June 18th which was set over to today's date. So we just ask to reserve these.

[00:54:02]>> That would be reserved. Miss Swindell, please reach out to Miss Looney uh in regard to child support and uh get those served on their office of what you're proposing uh and your contact information. Uh Miss Looney, anything else that you need? Um, your honor, I can give her our physical address or she can drop off copies of her documents. Okay.

[00:54:24]>> Yes, please.

[00:54:25]>> You can bring them to 1338 Commerce Avenue, Sweet 305 in Long View.

[00:54:32]>> Thank you.

[00:54:32]>> All right. So, let's go ahead and address the contempt matter.

[00:54:37]>> Uh, yes, your honor. Um, so as I indicated, uh, I do represent the respondent, Tucker Sundana. We are asking the court uh to enter a finding of contempt against Miss Swindel for violating the plan as well as the restraining order. Your honor entered the um temporary plan and restraining orders in this case on March 19th. Uh so earlier this year, our position is that Miss Swindell has violated paragraph 4 A1 related to the visitation. She's violated paragraph 4 A uh 2D as in dog related to not consuming uh illegal or legal substances without a prescription from her provider and uh violating paragraph 4B1 for not obtaining a collateralized substance abuse evaluation. Um, as can be seen uh from our sealed health documentation, Swindell tested positive for marijuana on um May 3rd. Actually, she had submitted uh one on May 3rd of 2024. I'm sorry, she had submitted one subsequent to that. Uh we waited seven weeks for from her last use. And so on a UA, her system should have been clean within 30 days. And yet the sample was nearly five times the cutoff limit. And not only that, she tampered with the testing because it shows that it was dilute. Um it is clear uh even from her responses that she's not stopped using marijuana and now she's trying to suggest that she needs to be prescribed marijuana by going to a facility that's going to issue her prescription uh just for the payment of a fee. Um the parenting plan uh provides again that she's not to use any substances. Uh and we specifically waited to ensure that those would have cleared her system. Um but again she continues to use in violation of the court order that prohibits that use. The parenting plan as a result of that uh has terminated her visitation and contact with the children. And I would also note that the restraining order also entered back in March prohibited her from uh going uh to the school or coming within 500 ft of the children's school. The parenting plan also uh prohibits uh the prohibits her from allowing the children to have contact with her significant Jason Muso. Uh, and so what you see from the original motion is that um she went to the school, she dropped off a birthday gift for Jada.

[00:57:15]Uh, we provided proof of the gift and the cards that were delivered on May 17th. Um, and then a second time she sends her significant other Jason to uh the school to deliver documentation uh for the children. simply uh inappropriate in violation of the court orders and in violation of the fact that she's not supposed to be having uh any contact with these children. Um it is clear as well that she has not complied with the court's order uh to participate in a collateralized substance abuse evaluation. The assessment that she provides is a one-page statement from Katz Family Health Center. It does not include the information as far as any UAS that may have been collected at that time or what the results of those UA uas are. It also um is silent as to any collateral contact related to my client and he specifically in his declaration that he's not been contacted to provide collateral input for a substance abuse evaluation involving Miss Swindell. And as far as we know, the Guardian Adidum has not been contact contacted to provide that collateral information.

[00:58:29]There is no valid prescription uh for marijuana. And quite frankly, um the suggestion that smoking marijuana is an approved method of administration for THC. There's no way to measure how much THC is being ingested. And obviously marijuana was a concern uh with this court and Miss Swindell's parenting and she's simply attempting to try and legitimize her addiction. So we're asking that the court in her findings of contempt for willfully violating the provisions of the restraining order and the parenting plan. We're asking the court to order her to uh comply with the evaluation process. uh shooting should be required to do that within the uh next 30 days. We're asking the court to enter sanctions of $100 and attorney's fees um of $1,500.

[00:59:24]Uh and that in order to purge contempt that she is to comply with all court orders, she's not to attend the children's school or contact the children directly or through third parties unless ordered by the court. um again participate in that collateralized substance abuse evaluation within 30 days and to pay the judgments within 90 days from entry of the order with the court and I have provided the court a proposed content.

[00:59:52]>> Miss Swindell, >> good morning your honor. Um so I sorry I've been pretty open with my use of marijuana. I'm open with my doctors. I'm open with therapists. Um, and yes, I never went and got the medical marijuana card because there is a fee to it. I just didn't feel like it's legal, so it's state legal. So, I didn't feel like going and getting one um until this happened. And then I started when he started using it against me, I went and was getting a legal marijuana card um because he's known about my use of marijuana because him and I both smoked marijuana together when we were together. Um, so my doctors are very aware of my use of marijuana. My therapists are aware. Um, he was aware and I just wanted so I did fail that UA.

[01:00:43]I have been a daily marijuana smoker for over 5 years. It stores in your fat cells. So if you are just a just smoking marijuana a little bit, then yeah, it'll be out of your system in 30 days or like smoke daily. I guess I would object as to her testifying as an expert. There's no qualifications. She has sufficient education or knowledge to be identifying um how quickly marijuana metabolizes.

[01:01:11]>> So, the court understands that and understands what is uh acceptable and what isn't. We'll give it the weight that it it deserves. Go ahead, M.

[01:01:22]>> Uh I also wanted to bring up that Mr. Sana had no problem with me smoking marijuana until I filed for full custody of our oldest son because he was having anxiety issues um and him and his father butttheads quite frequently. Um I've been trying to keep it very fair. Don't want I have been trying to avoid this this entire time. Um I'm trying to do everything right. I do have the UA from the um from the eval that I did that shows marijuana and nothing else. I passed a UA job that showed marijuana and nothing else. Um I did a hair follicle test that showed marijuana and nothing else. But yet Mr. Sundana when beginning this case had his attorney try to make it sound like I had substance issues that were bigger than just marijuana. And that's what led to this.

[01:02:16]Um he's been frequently exaggerating things just like our last court that he tried to get a restraining order um on my boyfriend and his girlfriend tried to get one on me and on my boyfriend too.

[01:02:30]It was on um November 7th of 2023. I have the number of it. It was thrown out because it was so exaggerated.

[01:02:40]They have been keeping me from seeing the kids. The moment the court issued the documents of the no contact order, he went to their school, he went to their doctors, he went to their therapists with a copy of it saying that I'm not to be contacted for anything.

[01:02:56]And it clearly states in the parenting plan that I should be on there before any other me and him only. And I still should have contact with schools even though I cannot be at the school. I didn't go to the school. I had my boyfriend drop something off. He did not talk to the kids. He dropped it off in the office cuz his daughter goes to the school right next to it. He dropped it off in the office. He dropped off a birthday card from me and my uncle. That was it. Nobody talked to the kids.

[01:03:20]Nobody seen the kids. I did not go to their school. But they're exaggerating.

[01:03:24]Again, this is a habitual thing. He's using the legal system. He's using like and this is just it's getting to be so much that he's now trying to record us talking on the phone or the children's knowledge. It's It's getting crazy and I understand that we have until um the G we've been assigned a G and she's done her investigation and but it's not due for another couple weeks. But I really think that the court will see how much this is getting exaggerated and how much this is ridiculous. I can't afford an attorney. I'm trying to work and pay child support, raise a toddler myself. I This is crazy. And I guess that's all I really have to say. Miss McClan.

[01:04:08]>> Well, obviously she acknowledges she has continued to smoke marijuana in violation of the court order. She acknowledges that she sent Mr. Muso to the school in violation of the restraining order and in violation of the uh temporary parenting plan which specifically states at paragraph 4 um A.

[01:04:33]Mother shall be in restrained from allowing the minor children to have contact with Jason Muso and or Kiana Muso or any known domestic abuse abuser drug user individual under the influence of alcohol or drugs.

[01:04:46]>> Objection choice.

[01:04:48]>> Can I say something?

[01:04:50]>> What's your objection?

[01:04:51]>> They didn't have any contact. There was no contact made. So I don't understand this.

[01:04:56]>> Okay. You you've had your turn. So let me hear from Miss Mlan. Um, so she sends the individual who she is not to have any contact with the children to the school to deliver items. And again, the restraining order prohibits her from coming within 500 ft of the school. Uh, there is absolutely no evidence before this court that my client has prohibited her from having contact by phone or email with providers. There's no evidence of that. It is accurate that the providers have been provided the restraining order to make sure that they're aware that she's not supposed to come within 500 feet of those facilities. Uh and yet she's violated.

[01:05:36]So um we're asking the court to uh grant the uh relief as requested. I've reviewed the files and record uh heard uh the argument here today and the court does find that Miss Wendell has intentionally uh maliciously and intentionally violated the court order restraining her from going to the school whether it's directly or indirectly Swindell that still meets the requirement of not having contact or going to the school. So if you send somebody with something to the school to give to a child, that's no different than if you're standing there and give it to the child. So uh also in contempt as well as consume consuming marijuana and not obtaining the evaluation uh that was ordered, it is irrelevant as to the motion as to whether or not the respondent has smoked for purposes of this motion. You can purge a contempt by coming in compliance with court order, including obtaining the ordered evaluation within 30 days and comply with the court order. You will be required to pay a $100 sanction and $1,000 in attorney's fees within 90 days of entry of this order. Miss Swindell, you've been told no marijuana, no smoking, no having it, and yet you continue to do it. uh whether you think that's okay or not, you're going to continue to uh follow through or you're going to continue to have contempt uh motions brought, I'm sure. Uh but it also weighs heavily on whether or not you're willing to follow a court order, and from what I can see, you are not.

[01:07:20]So, with that, I will be signing off on the order. So, the court will need to make changes at paragraph one and eight to reference the $1,000 in attorney's fees. And I will provide um Miss Swindell uh Miss Looney and Miss Evald with confirmed copies of the orders once they're available on Odyssey.

[01:07:40]>> I've made those changes. Miss Swindell, are you okay to put a proof via Zoom?

[01:07:46]>> Yeah. Yes, your honor. The only other thing that I would ask is if is pardon me if the court is willing to um add in the language at paragraph 13 about reserving risk for attorneys fees relative to petitioners motion to modify.

[01:08:03]>> You can just bring that up back again.

[01:08:07]>> Okay. I'll just reference the clerks then. Thank you very much.

[01:08:11]>> Cross over.

[01:08:11]>> Okay. Yes, your honor.

[01:08:14]>> I have the one order that That's that's the order that I had proposed assuming the court denied Miss Swindell's motion to modify the parenting plan.

[01:08:26]>> Okay. All right.

[01:08:27]>> So, you can round file that one.

[01:08:30]>> All right. Thank you.

[01:08:32]>> Thanks.

[01:08:33]>> What do you think about this custody battle? Was the judge right to impose strict restrictions on the mother or did the father take advantage of the legal system to gain control? Cases like this show how quickly custody disputes can spiral when allegations, court violations, and conflict involving the children continue to grow. And this story is far from over. The remaining hearings in this case will be covered in the next video. So, drop your thoughts in the comments below. And if you enjoy real courtroom breakdowns, dramatic judge moments, and shocking legal cases explained simply, make sure to like this video, subscribe, and turn on notifications so you never miss the next update.