Terrified Kid Refuses Court Order To See Mom… Emergency Motion

Hinzugefügt: 2026-06-07

[00:00:00]Thank you, your honor. May I please the court Riley Burroughs appears on behalf of petitioner Betty Bark who also appears via Zoom in my office.

[00:00:07]>> May I please the court Maryanne Shirley on behalf of the respondent Jesse Bar who appears from a different location by Zoom also.

[00:00:17]>> Right. We are scheduled today for hearing on an emergency motion for return of minor child and modification of parenting time filed uh by the petitioner in this case. Um, are the issues uh raised in the motion still in dispute?

[00:00:35]>> Yes, your honor. The minor child still has not been return to petitioner at this time.

[00:00:40]>> All right. Uh, Miss Broyals, I'll allow you to argue the motion at this time.

[00:00:45]>> Thank you, honor. Are you would you prefer that we profer or would you argue or or am I allowed to call witnesses and take evidence?

[00:00:53]Well, I' I've read through the motion, so I'm generally uh aware of of what the issues are. Um, but I I don't have a preference one way or the other if you want to put on some evidence. Keep in mind, we have time constraints. So, I'd like to be able to reach a conclusion um in some manner today.

[00:01:14]>> Yes, your honor. And I I would inquire how long we would have that might determine what witnesses I call. Um, probably close to noon.

[00:01:23]>> Noon. Okay. Um, your honor, then I would like to present evidence or call witnesses if that's acceptable with your honor. Um, I would start with petitioner Betty Bar.

[00:01:34]>> All right. Miss Bar, if you could please raise your right hand.

[00:01:40]>> You swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So help you God.

[00:01:45]>> Yes.

[00:01:47]>> All right. You may proceed, Miss Broyals. Thank you, AR. But I'm gonna have you move up here so we might be able to be heard a little bit better.

[00:01:54]>> And we're focusing this solely on the issues raised in the motion rather than uh issues raised in the previous hearing we had.

[00:02:02]>> Yes. Yes, your honor. Thank you.

[00:02:04]>> All right.

[00:02:06]>> Please state your name for the record.

[00:02:07]Eddie Joel Bar.

[00:02:09]>> Um and did you file this verified emergency motion for the return of the minor child and modification of parenting time on May 28th of 2026? I did.

[00:02:19]>> And um did you um verify this and sign it in front of a notary state stating everything is true and correct there in?

[00:02:27]>> Yes.

[00:02:31]>> So after the hearing on May 7th in this matter where the court ordered Adam to exercise parenting time as normal, did Adam then start exercising parenting time as ordered by the court?

[00:02:41]>> For the most part, yes.

[00:02:43]>> Well, yes, ma'am.

[00:02:45]Um, and how was Adam's behavior during your parenting time with him after the May um 7th hearing until about May 25th?

[00:02:52]>> So, generally he was calm except for like right after he'd come home from his dad's house.

[00:02:59]>> And how was his demeanor after he would come home from his dad's house?

[00:03:02]>> Very agitated, very hostile.

[00:03:05]>> And then did Adam become upset with you sometime on May 25th of 2026?

[00:03:11]>> Yes. Can you describe the events that occurred on May 25th?

[00:03:17]>> First one or the second one?

[00:03:19]>> Um let's start at the beginning um of the day. Um what led up to the events that happened on May 25th?

[00:03:26]>> Um the one where he called the cops or the one where he decided to stay with Jesse.

[00:03:34]>> So let's start at the beginning of the day. Um how was Adam's behavior at the beginning of the day?

[00:03:39]>> On the day that he called the cops. The first time he had a pretty good attitude up until he um he was told to go to karate class. He didn't want to go to karate class. I said, "Okay." Um but he was grounded, so he wasn't supposed to go anywhere else.

[00:03:58]He got upset and kept going over to his brother's house where his father and his brother were and coming back and um and at one point he left and um got a phone from Ivan and went to the a building um about a block and a half from my house and called the cops.

[00:04:23]>> And so you said that Adam was grounded.

[00:04:25]Um why was Adam grounded? Adam was grounded because he had uh right after one of his visits with his dad, he had um started screaming and cussing me out in the road.

[00:04:35]>> And how what method of grounding did you use with him?

[00:04:38]>> Uh at first I just grounded him from his phone and then as it happened is it kept happening. I grounded him from his just from leaving the yard. Um and then um I started grounding him from his stuff.

[00:04:54]Um, and so you did you take his phone away from him?

[00:04:57]>> Yes.

[00:04:58]>> Did you allow him to still talk with um Jesse at that point? Um, I would text Jesse and let him know that Adam wanted to talk to him and um and then allowed Adam to call him um three different times and um Jesse only answered once and um and I overheard during that conversation Jesse tell him how much he didn't trust me and he couldn't trust me and he didn't want to answer the phone for my phone and so and so did you ever block Adam from communicating with Jesse if he requested it?

[00:05:34]>> No, never.

[00:05:37]>> And so on May 25th, you ground Adam. He gets mad and leaves and goes to Ivan's house or Ivan's property. What happens?

[00:05:46]Do you know what happens once he gets to Ivan's house?

[00:05:50]>> I don't know. I know that he was in conversation with Jesse and Ivan and um that he kept coming back and forth um because I was sitting in the driveway talking to him because he was working on his trailer and um and I wasn't yelling at him. Um mostly it was my mom just asking him questions and um and he was answering. Um but uh he kept going over to his dad's house or to his brother's house and talking to his dad and his brother about it and and then what happened and then um at one point he um took um Ivan's phone and I was sitting in the driveway so I I could see him take Ivan's phone. He walked over the Mason Lodge. Um he said um and then Ivan walked over to the Mason Lodge. About that time Jesse pulled out to leave and as Jesse was leaving the cop showed up.

[00:06:52]>> Um and then what did you do when you saw the police arrived?

[00:06:56]>> Then I just walked down the road to see what was going on and take care of it if I could.

[00:07:01]>> And what did Jesse do when the police arrived?

[00:07:03]>> Jesse had left.

[00:07:05]And um what what happened when the police showed up?

[00:07:10]>> Um there was some conversation. The police officer let him know that he um he needed to obey court orders and that um he could either go back home with his mom or he could take him to uh the children's home.

[00:07:27]>> And what did Adam want to do at that point?

[00:07:29]>> Um at that point he was he was just kind of agitated, not really. He just said he didn't want to go home. He wanted to go to his dad's. He thought he could go to his dad's. Um and um he didn't think that that should be a big deal, but the police officer let him know that um that wasn't an option. And he called Ivan over from his house to call um Mary Shirley.

[00:07:54]>> And um then did did he call Mary Shirley after that? He did call Mary Shirley and um she talked to him for a few seconds and then she got on the phone with the sheriff or the sheriff's police officer and talked to him for quite a while quite a few minutes in private and then um when the sheriff got off or I think it's just a police officer, not a sheriff, but the person from the sheriff's department um got off the phone with her, he just reiterated that hey, you can either go home or you can go to the children's 's home and um seemed to try and encourage him to go home and not spend his holiday weekend in the children's home.

[00:08:39]>> Did you hear any part of Adam's conversation with Mary Shirley?

[00:08:42]>> Uh I heard a bit of it. Yeah.

[00:08:45]>> Okay. And what did you hear?

[00:08:46]>> It seemed like she was encouraging him to go to the children's home. Um if you're uncomfortable, go to the children's home. Um stuff like that was repeated several times. Okay.

[00:09:00]>> Um, did Adam eventually agree to come home with you that night?

[00:09:03]>> Um, not right away, but um, we went back to the house to get his stuff. And, um, after some conversation with um, Libby and the police officer, he said that he didn't really want to go. He just um, and decided not to.

[00:09:23]>> He He didn't really want to go where? To the children's home.

[00:09:27]>> Okay. is and then he came home with you >> and he stayed home with me.

[00:09:31]>> Um and then what happened um when Adam went home with you?

[00:09:36]>> Um after that um my sister and I sat and talked to him. Well, first he cried in the backyard for about an hour and my mom held him and hugged him and um and then while Ivan was standing in the street screaming from the road and then um Bonnie and I sat on the sun porch after he had calmed himself down.

[00:10:02]uh her mom had helped him calm down quite a bit and we had a discussion about everything and just tried to help him work figure out ways better healthier ways to work through his struggles and his um stuff like that.

[00:10:20]And did Adam spend the night at your house that night?

[00:10:22]>> Yes.

[00:10:23]>> And can you describe Adam's um behavior and demeanor um the next morning? So that would be May 26, 2026.

[00:10:31]>> The next morning, he still seemed to be processing things and um but it was much better. It was like he had calmed down.

[00:10:39]He had um he had um just come to terms with this is um he wasn't upset. He was friendly. He was We had a really good time with um cuz we had a cookout with some friends and uh he played, he had fun, he m made jokes, he was just normal Adam again.

[00:11:04]>> And then was Jesse scheduled to have parenting time with all three children on May 26th?

[00:11:10]>> Yes.

[00:11:10]>> Did he come pick up the children at that time?

[00:11:13]>> He did.

[00:11:14]>> Okay. U and then um he had his parenting time. When was he due to return the children to you pursuant to the temporary parenting plan?

[00:11:22]>> At 8 o'clock. Okay.

[00:11:23]>> Did Jesse return the children to you at 8 o'clock?

[00:11:25]>> He returned Edward and mentioned.

[00:11:26]>> Okay. Um and why did he not return Adam?

[00:11:29]>> Um he said that it was because Adam didn't want to come home.

[00:11:35]>> Um did you have further conversations with Jesse about this? Um well um the text that I got said Adam said I told the boys to load up and um Adam said he didn't want to go home and I told him to call the cops.

[00:11:50]>> Um did you talk to Adam at all on after this?

[00:11:54]>> No. Um have you talked to Adam since um he left for his dad that day?

[00:12:00]>> Um and then what did um what did you do after Jesse told you Adam wasn't coming home? I um called the police again to let him know that um he was doing this again. And did the police assist you?

[00:12:17]>> Um not really.

[00:12:20]Um did Edward or Benjamin disclose anything to you um at the conclusion of parenting time?

[00:12:26]>> Edward and Benjamin said that when they got in the truck just >> object to the hearsay.

[00:12:34]>> Are those children available?

[00:12:37]They're not, your honor. They're 13 and 13. They're They're both 13. So, no, they're not available to testify.

[00:12:44]>> I'll sustain the objection.

[00:12:49]>> Um, at this time on June 2nd, has Adam been returned to you?

[00:12:54]>> No.

[00:12:55]>> Were you scheduled to have parenting time this last weekend?

[00:12:58]>> Uh, yeah. It was my weekend. It was my week.

[00:13:01]>> And um and you did not have parenting time with him? not seen or heard from Adam since since May 26th, >> right?

[00:13:08]>> Okay. Um do you believe that it's in Adam's best interest to be returned to your care?

[00:13:13]>> Yes.

[00:13:14]>> Why is that?

[00:13:15]>> Because when he's in my care, he can be calm. He can get um his schoolwork administered to him. He was starting to get confidence in it. He was starting to enjoy it and be excited about it where it's been um a struggle um in the past.

[00:13:30]And um and he has all of his friends there. He has all of the people besides Jesse that um that basically make up his life that give him security, that give him love, that give him, you know, what kids need.

[00:13:48]Um and but he Jesse's still available to him because I haven't cut that off yet.

[00:13:56]Are you requesting the court modify Jesse's parenting time to temporary suspension or supervised?

[00:14:00]>> Yes, ma'am.

[00:14:01]>> And why are you asking for that?

[00:14:03]>> Because I feel like because from what I've seen from the kids, they come home very agitated, very stressed out, very um hostile and angry. And I don't know exactly what's going on over there, but I've heard a lot from all of the kids that would suggest that he is doing what he can to promote that hostility.

[00:14:27]>> And have you talked to Jesse um any further about parenting time since May 26?

[00:14:33]>> No.

[00:14:34]>> Did Jesse ask you if you can come get Adam's school stuff?

[00:14:38]>> He asked me to pack up Adam's school stuff and take it to the police station.

[00:14:42]>> Okay. And did you do that?

[00:14:44]>> No, ma'am.

[00:14:44]>> And why not?

[00:14:45]>> Because I put in these orders and I'm hoping for a good outcome for the kids.

[00:14:54]I have no further questions.

[00:14:58]>> Thank you, Miss Broyals.

[00:14:59]Cross-examination, Miss Shirley.

[00:15:04]>> Not at this time, your honor. I'd reserve the right.

[00:15:08]>> Very well. Additional uh witnesses, Miss Broyals.

[00:15:12]>> Yes, your honor. I would call Joel Terrell. Um and he is in my conference room. I can go grab him. Um Okay.

[00:15:56]Right. What is the name of the witness?

[00:15:58]>> Joel Terrell.

[00:16:01]>> J O E L.

[00:16:03]>> T E R R E L. Yes.

[00:16:07]>> T E R R E L.

[00:16:11]All right. Mr. Trell, have going to have you raise your right hand. You swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So help you God. I do.

[00:16:22]>> All right. You may proceed, Miss Broyals.

[00:16:24]>> Thank you, honor. You state your name for the record.

[00:16:26]>> Joel Terrell.

[00:16:28]>> And how do you know the parties to this action, Betty and Jesse Bar?

[00:16:32]>> I do.

[00:16:33]>> And how do you know them?

[00:16:34]>> Um, we are neighbors and friends.

[00:16:36]>> And do you know Adam Barb?

[00:16:38]>> I do.

[00:16:39]>> Um, and can you describe your relationship with Adam?

[00:16:43]>> Um, Adam is friends with my kids, friends with me. We've done stuff together. We've we talk a lot.

[00:16:50]Did you >> Mr. Terl when you turn your head it makes it harder for >> Okay. Sorry. I'll face the camera.

[00:16:57]>> Okay. Thank you.

[00:17:00]>> Did you speak to Adam on the um day of May 26, 2026?

[00:17:05]>> Uh last Tuesday, >> correct?

[00:17:07]>> Yes, I believe so.

[00:17:08]>> Yes, I did.

[00:17:09]>> Um and why did you and Adam have a conversation that day? uh he came over um I think it was somewhere between 4:30 and 5 to ask me the question of um he wanted to know my thoughts on how to talk to his dad about not wanting to talk about the divorce and what I would recommended there.

[00:17:33]>> Um and can you describe that relation or that conversation in detail? What did what did Adam come to ask you about?

[00:17:42]>> Yeah. Um, so he asked me like what what my thoughts were on that. I told him to keep it simple. Just tell him exactly what he said to me, like that he doesn't want to talk about the divorce, that he wants to stay out of it. Uh, cuz that's what he expressed to me. And I recommended that he just keep it simple.

[00:17:58]Um, and he in that conversation, uh, it it sounded very much to me like he just kind of wanted to have relationship with everyone involved. uh his mom, his dad um didn't want to get into the middle uh get into the middle of it. Didn't want to be have sides. He just wanted to be able to have relationship with everybody.

[00:18:19]>> Did he indicate that um Betty was injecting him into the divorce issues?

[00:18:26]>> Uh no, no.

[00:18:29]>> Was anybody else present for this conversation?

[00:18:31]>> No. Um my wife might have been on the other side of the camper, but no, it was just him and I. And um how was Adam's demeanor during this conversation?

[00:18:41]>> Uh very relaxed, happy. Um he he was not agitated. He was just like, "Hey, what do you think? How should I do this?"

[00:18:49]>> Um and how did he leave that conversation? Did he have a plan?

[00:18:53]>> Uh yes. So he um he expressed to me that he was planning on just telling his dad right off the bat that he uh didn't want to talk about the divorce, didn't want to be involved in knowing it. One of the things he did say is that he can't know both sides and so he doesn't want to know anything. Um and then he said that his plan was to tell him that and then go for a walk.

[00:19:16]>> And have you spoken to Adam um since May 26?

[00:19:19]>> I have not.

[00:19:20]>> I have no further questions.

[00:19:23]>> Well, thank you Mr. Cross examination.

[00:19:25]Miss Shirley, >> um, most of what he has just said was hearsay, so I'm assuming that Adam will be permitted to testify.

[00:19:37]Uh, so I have nothing of this witness.

[00:19:40]>> Right. Is Adam available if we need him?

[00:19:44]>> Yes, your honor.

[00:19:47]>> All right. Um, any other questions for Mr. Terrell?

[00:19:53]Nothing.

[00:19:54]>> All right. Thank you for your testimony, Mr. Terrell. You're excused.

[00:20:01]>> Do you have other witnesses, Miss Broyals?

[00:20:03]>> I have one other witness. I would call um Bonnie Bonnie Flat. Um your honor, and she's also in my conference room, and I will go grab her as well.

[00:20:12]>> Okay.

[00:20:42]Good morning, ma'am. Could you please spell your name?

[00:20:45]>> B O N I. Bonnie >> J.

[00:20:51]>> F L A T.

[00:20:53]>> F L A T.

[00:20:55]>> Mhm.

[00:20:57]>> All right. If you could please raise your right hand, I'll swear you in. Do you swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So help you God.

[00:21:06]>> I do.

[00:21:07]>> All right. You may proceed, Miss Broyals.

[00:21:09]>> Thank you, honor. Can you state your name for the record?

[00:21:11]>> Bonnie.

[00:21:13]And um do you know the parties Betty and Jesse Bar? I do. I'm have you director speak that way.

[00:21:20]>> Miss Platt, if you could please speak up just a little bit. I'm having a little difficulty hearing you. Thank you.

[00:21:31]>> Um and how do you know um Betty and Jesse Bar?

[00:21:34]>> Betty is my sister. Jesse is my brother-in-law.

[00:21:37]>> And so do you know Adam Bark?

[00:21:39]>> He's my nephew. Um, and how would you describe Do you have a How would you describe your like relationship with him?

[00:21:46]>> Um, he's comes over to my house, hangs out. Um, it's pretty good relationship.

[00:21:53]>> How often do you see him?

[00:21:55]>> Um, if not daily, every other day.

[00:21:58]>> And did you speak with Adam on the afternoon or on May 26 of 2026?

[00:22:03]>> Yes.

[00:22:04]>> Um, and why did you and Adam have a conversation that day?

[00:22:09]Um, initially it was to give him encouragement so that um, he felt good about going over to his dad's house and letting him know that it was everything was okay.

[00:22:25]>> Um, and what did Adam express to you during that conversation?

[00:22:29]>> That he did not want to have any more conversations about um, the divorce of his dad. He made it clear that he was going to tell his dad that he didn't want to talk about any more court stuff, any more divorce stuff.

[00:22:44]>> Did Adam indicate to you during that conversation that Betty was also injecting him into the divorce proceedings?

[00:22:49]>> No.

[00:22:51]>> Um, and what what did you advise Adam during that conversation?

[00:22:56]>> Um, to always just love both of his parents and talk to both of them and to have a good relationship with both of them. Was anybody else present during your conversation with Adam?

[00:23:07]>> Um, Betty and my mom and my son Nathaniel.

[00:23:13]>> And how was Adam's demeanor during this conversation?

[00:23:17]>> Pretty upbeat. And he was happy he had gotten good grades on his test and we discussed that, too.

[00:23:24]>> Um, and did Adam leave this conversation with a plan that day?

[00:23:29]Um his plan was just to talk to his dad about that and to um he was talking about school and his graduation and stuff.

[00:23:40]>> Have you talked to Adam since May 26?

[00:23:42]>> No. I have no further questions.

[00:23:45]>> Thank you, Miss Broyals.

[00:23:46]Cross-examination, Miss Shirley.

[00:23:48]>> No thank you.

[00:23:50]>> All right. Thank you for your testimony, Miss Flat. You're free to go.

[00:23:56]Right.

[00:23:59]Any further witnesses, Miss Broyals?

[00:24:01]>> I have no further witnesses, your honor.

[00:24:03]I would rest.

[00:24:05]>> All right. Uh, Miss Shirley, do you intend to present evidence?

[00:24:09]>> Yes, sure. Your honor, I do. Uh, I would call Sergeant Mike Cordell.

[00:24:24]>> All right. Sergeant, could you please raise your right hand? Do you swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So I help you, God.

[00:24:31]>> Yes, sir.

[00:24:32]>> Right. You may proceed, Miss Shirley.

[00:24:34]>> Please state your full name for the record.

[00:24:37]>> Um, Mike Cordell.

[00:24:39]>> And your occupation?

[00:24:41]>> I'm a patrol sergeant, a supervisor, and cannon handler for the Greenwood County Sheriff's Office.

[00:24:46]>> And what training experience do you have to qualify you for that position?

[00:24:50]>> Uh, a significant amount of training experience. I've been in law enforcement full-time for uh just over 22 years. Uh a considerable amount of training.

[00:25:01]>> Okay. Uh what was your first contact with the Barg family?

[00:25:07]>> Um I have the dates. If I can re just review the dates, I have that handy right here. Um and I know you've written a report. Uh I received one right before court started.

[00:25:23]uh from the sheriff uh number 26 349 about the May 21st occurrence, but you indicated that there's another report also. I have not yet received that.

[00:25:37]>> Yes, that one I I sent to you and that'll probably take a little bit to process to get to you. But once one was the first uh the first interaction I had was on May 21st and the second was on May 26th.

[00:25:50]>> Okay. briefly what happened on May 21st.

[00:25:55]>> Uh, dispatch received a call from an individual uh indicating there had been a uh altercation, not physical, but an altercation with family members and that they had left the home um because their items were being taken from them. Uh, so I responded to Climax where I made contact uh with Adam Bar um on the steps of a building west of his residence.

[00:26:22]>> Okay. And what did Mr. Bar adise you?

[00:26:26]>> Uh he he told me that uh his parents were going through a divorce and that things were uh not his words but somewhat tumultuous. Um, and that uh his he had he had paid for a phone with his own money that he had earned. I believe he said mowing. Um, and that was how he was staying in communication with his father and that his mother had taken the phone from him. So, he couldn't talk to his father. Um, and that uh that evening because he didn't want to go to a family karate class taught by his sister that he was grounded and that she had taken that his mother and his sister's husband had uh taken all of his possessions out of his room.

[00:27:11]>> And what was his demeanor at that time?

[00:27:14]>> Uh he was upset. um visibly upset.

[00:27:23]>> Okay. And what did he want to do or what did you do?

[00:27:27]>> Uh he he told me that he was not going to go back home. Um and uh so we discussed the situation. He said that uh the court had ordered him to be at his mother's house and that he wasn't going to go there because he didn't feel safe there.

[00:27:43]Um, I uh I told him that if he didn't return home that I would have to consider him as a runaway into a child needed care case and that I would not be taking him to his father's house, but I would take him to the children's home.

[00:27:55]>> What was his response?

[00:27:57]>> He told me to take him to the children's home.

[00:28:01]>> Subsequently, what happened?

[00:28:04]>> Uh, he called his brother uh to the location. his mother showed up and was talking to me about uh the situation and then he called his brother over and requested that he call you which he did despite my objections.

[00:28:25]>> Okay. Uh but you heard the entire conversation.

[00:28:29]>> Yes.

[00:28:30]>> Okay. Uh during the course of the conversation, what kind of questions was he just concerned about what uh the children's home was like?

[00:28:41]Um, I don't recall him asking a lot of questions about what the children's home was like. He just told me that he didn't want to return to his mother's house is is what I recall.

[00:28:51]>> Okay. Uh, okay. And did but didn't he ask questions about what they do and his school work? Uh, >> yes. Yes, he did. He uh not so much questions. Um, so he he said he wanted to go. The only question I remember him asking was if he would be able to have his phone, which I told him he would not. They wouldn't allow him to have his phone there. Um, he he was determined that's what he wanted to do because he didn't want to be in his mother's home.

[00:29:19]Uh, so I told him that we would need to gather any medications he takes and since he's homeschooled and does all of his school work at home, that he would need to take his schoolwork with him.

[00:29:30]>> Okay. And did mother object to that?

[00:29:33]>> Yes, she did. She said he couldn't take his school work with him. Um, several times I I told her that he needed to take it with him. She said that if he didn't have help, he wouldn't be able to do it. And then uh said that he had two tests the next day.

[00:29:47]>> Okay. Now, at some point, did he calm down?

[00:29:53]>> He did.

[00:29:54]>> Okay. And what happened then?

[00:29:58]Um, I discussed with him the fact that it was a uh holiday weekend and that uh he would be in the children's home until we had a hearing and that that would be delayed because of the holiday weekend and he would spend his his holiday weekend at a children's home. So I asked him if are we going to the children's home or are you going to make it work here and he decided he was going to try to make it work at his mother's house.

[00:30:20]>> Okay. Now during the course of that uh was his brother Ivan also present? Uh he was >> Were there any uh altercations or distress between Ivan and any other family members?

[00:30:35]>> Yes. So we walked back to the house to gather Adam's belongings and uh I don't know the name the grandmother um it would be Bonnie's mother I believe um told Ivan he was not allowed on the property and that he had to wait at the end of the driveway. Um, so while I was on scene gathering, uh, well, observing while they were gathering Adam's belongings, um, the grandmother changed her mind and said that Ivan could come on the property because that's her grandson.

[00:31:04]And, uh, he walked up the driveway and made it maybe 50 yards onto the property and well, 25. And, uh, the grandmother went to give him a hug. He refused. And uh then another verbal argument ensued and he she kicked him off the property again.

[00:31:27]>> With regard to getting Adam's property, was he able to do that?

[00:31:38]He wasn't allowed to take any of the possessions from his room, which Children's Home wouldn't have allowed him to have anyway. Um he uh he gathered some items. Uh his mother escorted him and he gathered some items. Um and then uh there was a a disagreement over some of the school materials. She ultimately was going to let him take his school materials, but not the answer key that would allow somebody to grade his work.

[00:32:03]Uh because she said that was the only one they had and uh he could that they had other children that needed it. And uh so he was in the process of gathering his items when we had that second discussion where he decided he was going to stay.

[00:32:18]>> Okay.

[00:32:21]>> So after that, what uh what happened?

[00:32:23]What did you do?

[00:32:24]>> Uh I left the scene um at that point and uh shortly after that received a call that uh Jesse Bart, the father, wanted to speak with me.

[00:32:34]>> And did you do that?

[00:32:35]>> I did. And what was the nature of that uh conversation?

[00:32:40]>> Um he he expressed that he was just concerned about Adam's welfare because he had received a call from Ivan um that Adam was pretty upset and was yelling and and stuff which he was while I was on scene. And uh so he was concerned about his well-being, his mental state as he put it. um he expressed that he had already lost one child and uh he was concerned about the the mental well-being of of Adam.

[00:33:09]>> And what did you advise him at that point?

[00:33:13]>> So I I told him the same thing that I told Adam, which was uh that the the best thing that Adam could do was to write a letter to the judge for that there I was told there was another hearing coming up in July. Um, and I had told Adam and I told Jesse the same thing that that uh the best thing Adam could do is just take some time, organize his thoughts, and write a letter to the judge expressing how he feels about the situation. Um, and uh I I told him that that's one factor. It's not a guarantee that he would get what he wants, but that's one factor that's usually taken into consideration um to some degree and that the best thing to do is just wait for the next hearing and and let the court make a determination.

[00:33:57]>> Okay. Uh did you leave then?

[00:34:00]>> Was there any did you have any further involvement that date? So, while I was on scene at the uh at Jesse's house, um he received several phone calls from Ivan um expressing some concern that he could still hear Adam yelling at the house. So, I requested another deputy respond over there and and listen to see what they heard. And then I left Jesse's house and responded back over there. And we just parked in the dark and listened to see if there was still an ongoing issue that we needed to worry about. And uh by the time we arrived there was no yelling or any other noise.

[00:34:36]>> Did you have any subsequent contact with his family?

[00:34:40]>> No.

[00:34:41]>> Okay.

[00:34:43]Okay. Uh what about on the 26th?

[00:34:51]>> So on the 26th uh I received a call uh from Adam expressing that he didn't want to go back to his mother's house. it was an hour before he was supposed to go back and I told him, you know, this is your father's parenting time. There's nothing I can do for you. This is not a law enforcement matter. Um, and that uh, you know, if he refused to go back, then I guess we'd have to cross that bridge when we come to it. And reminded him that he might be classified as a runaway.

[00:35:18]Uh he called again 45 minutes later um and told me that when his father Jesse was telling everybody that it was time to go back to the mother's house that he refused to go and that he was still present at Jesse's house.

[00:35:31]So I I made a few phone calls and then drove out there to speak with him.

[00:35:38]>> And what was that contact like?

[00:35:41]Um, so I had called spoke with uh individuals with juvenile intake um and also with our prosecutor just to make sure that I was I was thinking along the same lines that they were um I was advised by them which just confirmed my suspicions that according to DCF he wouldn't be classified as a runaway because he was present at a custodial parents house and not refusing to be at a custodial parents house. so he wouldn't be classified as a runaway. Um, and that uh because of that that this ultimately boiled down to being a civil issue for the family courts to handle. And I was advised that this is just a situation that uh the attorneys and the judge would have to figure out. Uh so I went there and I spoke with him. Uh he told me that uh when when his father was leaving that he stood in the doorway and refused to go and that his father told him, "Well, you need to call law enforcement because he didn't want to be in trouble for violating a court order."

[00:36:43]>> Okay.

[00:36:45]Did he tell you why he didn't want to go home to his mother's? He said that while he's at his father's house, he's able to talk to his brother and have communication with family that he wants to have, but when he's with his mother, that he's not allowed to communicate with his brother or go to his house. And that he feels like he's manipulated at his mother's house, >> but he didn't tell you how otherwise.

[00:37:12]>> Um, not that I recall. Um he told me that he's not allowed to he gets in trouble if he goes to his brother's house uh which is on the same property I believe.

[00:37:23]Um >> are we talking about Ivan?

[00:37:25]>> Yes.

[00:37:27]>> Um he told me that he gets in trouble if he goes to Ivan's house that he's not allowed to communicate with him. Um that he's not allowed to have his phone to communicate with his father.

[00:37:36]um and that uh he feels stress and anxiety at his mother's house, but when he's at his father's house, he feels at peace and he doesn't feel like he has to choose sides.

[00:37:50]But at least that's how he described it.

[00:37:52]>> Okay. So, he doesn't have to choose sides at which house?

[00:37:56]>> At his father's house. That that's what he told.

[00:38:02]Did you take any further action with regard to this matter at that time?

[00:38:08]>> I did not other than documenting it in a report.

[00:38:12]>> I did. Well, that's not entirely accurate. I did. Betty did call and I and I uh I called her back and spoke with her uh and explained to her that uh because it was explained to me that it doesn't constitute a situation of a runaway like like the previous situation where he had walked away from home and was sitting on the street because he was with a custodial parent that I had been advised that it wasn't a runaway situation and that legally there was I could not get involved in their civil issue and force him to go back because when I asked him if he would stay if I take him back he said no. And so, uh, given the statutory updates, um, that have taken place recently that require us to take all of these things into consideration before removing a child from the home. Um, that there was there was no legal justification for me to pick him up and take him back where I was certain he would run from.

[00:39:05]Okay.

[00:39:08]Now, when she called you, what did she want you to do?

[00:39:14]>> I my assumption would be that she wanted me to pick I pick Adam up and bring him home. But, uh, I explained to her that, you know, early on in the conversation that because it doesn't constitute a a situation of a runaway juvenile that I couldn't do that and uh that this was something she would have to speak with her attorney about.

[00:39:35]>> Okay. Um, I'll pass the witness.

[00:39:38]>> Thank you, Miss Shirley.

[00:39:39]Cross-examination, Miss Boils.

[00:39:43]>> Yes, your honor. Thank you.

[00:39:45]>> Uh, Officer Cordell, did you have a conversation with Mary Shirley on the evening of May 25th when you were present with Adam?

[00:39:55]>> May 25th. No.

[00:39:57]>> Is that the evening? Wasn't your testimony that the when you went to the property where Adam was not at either party's residence?

[00:40:09]>> That was May 21st. Yes.

[00:40:10]>> Oh, I apologize. Um, let me restate the question. On May 21st, did you have a phone call with Mary Shirley?

[00:40:17]>> Yes, I did.

[00:40:18]>> And what was what did you and Mary discuss in that conversation? So, uh, Ivan had brought the phone over and, uh, Miss Shirley was on speaker phone, um, while Adam was explaining what was going on. Um, they didn't have much conversation at that time. She asked who was there and at that point, I kind of took the conversation over because I'm familiar with Miss Shirley and she's worked with our agency in the past. Um, so I spoke with her and I explained what was going on and that uh my only recourse if he refused to return home was to take him to the children's home and her response was that maybe that's what he needs.

[00:40:55]>> Uh, Miss Shirley didn't indicate that you should enforce the court order.

[00:41:01]>> No, I I I think she understood that I can't force it a 17year-old boy to go into a home that he doesn't want to be in and stay there. I mean, if he's if he I had I I'll tell you the same thing I explained to Miss Shirley on that date.

[00:41:14]I asked him, "If I take you back home, will you stay there?" And he said, "No."

[00:41:18]And that typically constitutes a situation of a runaway for us. We we're not going to respond 8, nine, 10 times in a night to try to force a a 17-year-old back into the home. It's just not tenable. Um and so, uh the only recourse I would have at that point is to take him to a children's home. um especially in in consideration of the fact that there was a court order that he'd be at the mother's house rather than living with the father and uh it seems like taking him to the father's house uh would have just rewarded the act of of leaving and she agreed with that.

[00:41:55]>> And um that evening when you made contact with Adam, you testified that he indicated he didn't feel safe at Betty's home, his mother's home. Did he say why he didn't feel safe there?

[00:42:08]>> He said that because he wants to live with his father that everybody in the family is against him and that he's kind of like the outcast um and that he's not allowed to communicate with his brother or his father while he's there.

[00:42:21]>> U did he indicate that he was in any sort of physical danger of mother's house? Um, no. He he he indicated that uh that he had some concerns about his brother-in-law, his his uh sister's husband, but nothing specific to indicate a a specific physical concern.

[00:42:41]>> And to your knowledge, does his brother-in-law, his sister's husband live with Betty Bar?

[00:42:47]>> I don't know.

[00:42:50]Um, did Adam indicate to you that Miss Shirley was discussing the particulars of this divorce with him?

[00:42:56]>> No.

[00:42:59]>> I have no further questions, your honor.

[00:43:02]>> Right.

[00:43:02]>> Anything else for the witness, Miss Shirley?

[00:43:05]>> No, your honor. Thank you.

[00:43:08]>> Council, I need to tend to a matter real quick. I'm going to just take a real short recess and then we'll re I was going to propose a guardian ad lightum but that doesn't fix what a decision that needs to be made today. Um if he's available and he can visit >> privately with me in breakout room >> I would like to address him. Miss Broyals, do you have any opposition to that?

[00:43:33]>> Um can I confer with my client shortly on a >> minute? Your honor, we wouldn't have an objection to um you speaking with Adam privately. Emphasis on privately. I we don't want Ivan to be present. We don't want um um Mr. Bart to be present either. Um so as long as it's completely isolated that they can't hear him, that they're not in his presence. Um we we would be fine with that. My client would like to know regarding the nine-page letter. She's his home school teacher, your honor. She does not believe that he would type out a nine-page letter. She frankly believes that Jesse Bar is the one who wrote that and you know and maybe Adam signed off on it but um he Adam she does not believe that Adam would write a nine-page letter. Um so I just wanted to say that for the record but as long as it's a private conversation um with no one else present then we would be fine with you talking to him in chambers.

[00:44:26]>> The intention would be I don't want anybody else in the room. I don't want anybody else to be able to hear the conversation I'm having with him. Can that be guaranteed?

[00:44:37]>> Absolutely.

[00:44:39]>> Okay. Um well then if he could be brought in, I'm I'm going to visit with Adam privately.

[00:44:53]>> Thank you, your honor.

[00:44:55]>> Let's take a brief recess to allow this to happen.

[00:44:59]record. Um, the bar matter, same appearances as before. I've been visiting um privately in a breakout room with um Adam.

[00:45:14]I had discussed the the nine-page email uh that came with him. He indicated that he himself did not type it, but his brother Ivan typed it as he was basically transcribing it for him. I told him that I wasn't going to to read it, that I would just listen to what he had to say. So, that's what I did. And I still have not read the the email. And Adam knows that. And I told him the reasons why I wasn't going to review it since he didn't draft it himself. Uh but anyway, I did have a good conversation um with Adam. I do have concerns, but but before we move further, um is there any more evidence that either party wants to present?

[00:46:06]>> I have two additional witnesses, your honor, but if you're you've talked to Adam, if you've made some sort of um decision. I I don't need to put them on.

[00:46:20]>> Okay. And what what type of witnesses would they be, Miss Shirley?

[00:46:23]>> Ivan would simply testify as to what he observed on the uh two incidents at the uh at the the harm, the farm, the the yelling, the screaming, the uh refusal to give Adam his property, that sort of thing.

[00:46:43]um some of the underlying issues uh that he has observed uh on those particular dates in question and his contact with his brother. Um Mr. Bar could simply advise that u basically his testimony would simply be that he did not discuss case matters with the child unless the child specifically asked a question and he made sure that the younger children were not present uh when he tried to answer specific questions that Adam would ask.

[00:47:20]>> Okay. I I don't I think after having visited with Adam I don't think that additional testimony would give me any different insight than I feel that I already have based on what's been testified to here today by all the witnesses.

[00:47:37]>> Okay.

[00:47:38]>> Uh Miss Broyals, is there anything else?

[00:47:40]I'll I'll allow you each to make a brief argument in support of your positions.

[00:47:46]>> Um >> I have no further witnesses. Um I'd be happy to proceed to a closing statement um whenever the court's ready.

[00:47:52]>> All right. I'm I am ready. Thank you, your honor. Um, so I mean the evidence is pretty I think clear at least as to the fact that Adam is not going with parent going to parenting time with um Betty as he is ordered to. Um I think there is evidence that was presented that shows that he is being manipulated and your honor, yes, he is 17 years old.

[00:48:15]Um but however, he is naive. Um and he is still a child. um we do not allow him to to be injected into these proceedings that we protect children from these proceedings for a reason. Um it is very clear that he's being manipulated. Um you know one way or the other I you know obviously our position is that it's father who's manipulating him. I think they'll they'll say it's the other way around. Um but it's very clear that this child is being manipulated, triangulated and frankly it seems like he has figured out that he can kind of do whatever he wants. Um and and there's going to be no consequences. Um and the court, we're asking the court to nip this in the bud now. Um this is already this is just going off the rails, I think, as the court can kind of tell. Um and and this child needs to be put back on the right path here. Uh this, you know, mom testified that, you know, he was fine and in good spirits with her. Yes, he got mad when he was grounded, but he's 17. He's he's a child. He gets grounded.

[00:49:15]Um she did nothing out of line. She did take his phone, but allowed him to have access to to father if he wanted to.

[00:49:22]There's there's nothing wrong with that.

[00:49:24]In fact, that some would argue that's what she should be doing is disciplining a 17-year-old because he's not an adult.

[00:49:29]He is not free to make his own choices and his parents need to make the choices for him. And mom does that. She makes the choices for him. She appropriately disciplines him. And you know, I don't know what's going on at dad's house. And maybe, you know, dad's house is the fun house and he can do whatever he wants.

[00:49:46]And of course, he wants to stay there. I don't I don't know. And that's probably something for the guardian. I'd like him to figure out um what is going on at dad's house and and what's going on at mom's house. We do need to get to the bottom of this. But in the meantime, this child needs to be returned back to mother. He is fine at mother's house until he goes to dad's house and then he never wants to go back to dad's house. I would also ask the court to um stop allowing counsel to be involved with this child.

[00:50:13]Um I think it's extremely inappropriate.

[00:50:15]It's inappropriate that he was at her office at for the last hearing. It's inappropriate that this child feels comfortable enough to call her and discuss this case with her. Um I it's it's beyond and frankly it's it's edging toward me filing a motion to disqualify her. Um because it's she's turning into a witness at this point. If she's having conversations with this child, it's extremely inappropriate. So I would ask the court to admonish Miss Shirley from further discussions with this child. um and and admonish dad for having discussions with the child. We I had two different witnesses testify that this child talked to them that they don't want that Adam does not want to have further conversations with dad. He didn't say anything about mom having these conversations with him. It's all dad. And even if the child the child because he is a child askked dad about the divorce proceedings, he should not be giving him specific information about about any of this. Again, it's a manipulation. It's triangulation and it needs to stop. And if if dad's not going to stop it, then the court needs to stop it and stop giving him parenting time.

[00:51:19]So, we're asking the court to suspend his parenting time until we can get a guardian ad light in if that's what the court wants to do or at the very least his parenting time needs to be supervised so that he can't further manipulate and estrange this child from his mother because this child needs both parents in his life. and and we're not trying to take dad away from Adam, but until these issues can be resolved, that apparently is what needs to happen.

[00:51:44]Until we can get a guardian of light in who can figure out what what the problems are, dad's parenting time needs to be either supervised or suspended so he can't further poison the well of Adam against mom. Um because these are going to be lifelong issues that this child's going to have if these ar esting behaviors continue. Um and so I as set forth in our our motion, we're asking the court to um either uh enforce the current order and in order that the child be returned to mother as as the current court order requires um and modify dad's parenting time to either supervise or suspend it on a temporary basis. Um and I would make it's not in my motion, but I would make an oral motion for a guardian. I'd like him to be appointed to, like I said, get to the bottom of this. So um that's what we're asking for today. Yan, thank you. Thank you, Miss Broyals. Miss Shirley, your >> honor, I believe that in our initial in our initial answer to the petition for divorce, we addressed many of the things that are now coming up. Um, my c uh my client has been since learning of what's been going on for the last several months. uh immediately proceeding and then the divorce filing and then subsequent to that.

[00:53:05]Um he's concerned about the safety, well-being, and education of his children, not just this child, but the other two also with regard to Adam specifically.

[00:53:19]Um, Miss uh, Broyals is making these alleg I've known this family. I've known the father and all the boys. Uh, they ate at the restaurant. Uh, that's one of my clients. So, I've known the family for a while, not her because she's never with them. Um, but I know Mr. Bar and Olive Boys because they eat at the restaurant and so I've known them for a while and they're comfortable with me because I'm friends with the restaurant owner and we'll stand out back and eat ice cream.

[00:53:55]This is not like the first time these kids have run into me. Um, this is a small community obviously. Uh, and I resent the implications. The only times that I have talked to him is when I tried to explain to him what the process and procedure was and nothing specific.

[00:54:14]And the fact that he's comfortable with me, I'm I'm glad, you know, he needs to be able to talk to someone. That's why I think a guardian edit is is absolutely necessary to avoid this kind of conflict allegations.

[00:54:29]uh with regard to the placement, he's comfortable where he is with his father.

[00:54:34]I don't know why the consiliation order has not come through yet. I thought that was supposed to be done several weeks ago.

[00:54:41]>> Is that not that process hasn't started yet?

[00:54:44]>> No, I've given my client the the name and contact information, but I haven't seen the order yet. Your honor, um, we I reach council and I conferred and we decided we agreed upon Christy Campbell to be the domestic consiliator. I reached out to Christy. I provided my client's contact information. I do not believe Miss Shirley has provided her contact information for her client. Um, the order for domestic consciation um, was filed as part of the hearing order that I filed pursuant to rule 70. I did file that last week. There was a little bit of delay on my end. I will fall on that sword. But regardless, I think we're waiting on Miss Shirley to provide the contact information for her client to start that process. Um, but the order not being filed, I don't think has been the delay.

[00:55:31]>> I have not seen any order submitted by your office.

[00:55:36]>> Okay. Well, >> I'll just ask that that you all confer and try to make sure that that process gets started sooner rather than later.

[00:55:45]Uh, but I don't want to argue about that now. Um, I want to try to address the issue currently before the court.

[00:55:52]>> Well, currently before the court, your honor, I think that guardian adm needs to be appointed and this child needs to remain where he is and that uh mental health evaluation and that sort of thing if necessary uh be started uh on all parties. Consequently, we'll get to the bottom and find out what's going on and why this children, this child, this young man feels the way he does.

[00:56:19]>> All right. Thank you, Miss Shirley. Is Adam in counseling? I didn't ask him that when I was visiting with him.

[00:56:26]>> No, your honor.

[00:56:31]>> All right. I I have concerns from both um sides here that there's alienation going on from both sides of the family.

[00:56:43]And I I thought at the last hearing that I made it clear to the parents that they're not supposed to be doing that.

[00:56:50]And it sounds like well maybe if it's not the parents doing it, it's the family members there. Seems like the parents are saying, "Well, I can't say anything to you, but Uncle Bob or Grandma Mary, they can do all the manipulating and feeding um Adam full of information and bad things about both sides. And I think it's going on from both sides and that needs to stop. I don't have any authority over all of the relatives, but both parents, you need to tell whoever it is that's living with you, who whatever relatives, sisters, brothers, grandmothers, uncles, aunts, not to be visiting with any of these kids about what's going on in the case, about how bad the other parent is, about what they're doing. These kids don't need the burden of this. You all have created this, both of you, and you're going to have terrible effects on all three of these children if it continues.

[00:58:01]Um, frankly, it upsets me that we're even here today doing this.

[00:58:08]um when the child Adam is refusing to go to mom's and there's a court order that clearly defines what the parenting time is. Dad should have been telling him he needs to go and the fact that that Adam doesn't want to go, there may still be problems. I I stress to Adam that, you know, he's almost he'll be 18 in a year, but until he turns 18, he's got to follow rules in both houses.

[00:58:40]He may not like some of the rules. He may not like losing some of his possessions or his phone or getting grounded, but he's got rules to follow. And there may be one house that's more lenient than the other, but he's just going to have to deal with that. And he had some concerns about his his schooling.

[00:59:04]And maybe that's in limbo now because he hasn't been home where mom has the materials.

[00:59:11]But if he needs to be able to access whatever school materials he needs and whoever's exercising visitation, I'm going to order a guardian ad lightum for all three kids. Is there any objection that the same guardian adidum uh be appointed for all three children?

[00:59:41]I have none.

[00:59:43]>> Okay. Uh do you all have somebody uh you would like to recommend or do can you agree upon somebody? I don't know who's doing gardening adidum work in in Greenwood County currently if the Coopers do that or >> I don't think so. I think it's Stephanie Hughes has the contract I believe.

[01:00:06]>> Right. But I don't think that applies to private.

[01:00:10]I I think she takes private also.

[01:00:13]>> Okay. Well, do you all want to >> confer and try to come up with the guardian ad lightum? I know >> Christy Campbell's done that in the past, but if she's going to be doing the consiliation, she obviously can't be the the guardian ad lightum here.

[01:00:28]>> So, if you all want to exchange some names and see if you can come up with someone, I'll I'll have you do that. If you don't have anybody by the end of the week or can't agree on somebody, let me know and I'll I'll find somebody. I think Susie Lockach does it for Butler at least. I don't know if she does would do a Greenwood case or not, but that needs to happen sooner rather than later. I explained to Adam that I was likely going to do that and that would give him somebody he can confer with as his advocate as well as the siblings as to what's going on on from both sides. I explained to him that if he didn't follow the rules and and ran that he may end up in a children's home.

[01:01:27]I told him he didn't want that option because the children's home where he would initially go may be nice, but where they would send him to a foster home is probably not going to be an environment he wants to be in. I don't want that for him. I hope the parents don't want that for him. So, whatever each of you, I'm talking to mom and dad are um doing to him regarding this case, stop.

[01:01:58]Ivan, I'll address you. You're not a party to the case, but I don't know if Don't talk to these kids about the other parents or about the other family members. Let them enjoy their summer.

[01:02:11]the 17 year old kids and how old are the other ones? 15 or 13? 12 and 13.

[01:02:17]>> 12.

[01:02:18]>> They don't need to be involved in in your drama.

[01:02:25]So, we hopefully the domestic consiliation will start, but you all need to end this. I don't want to be back in court every couple months or every month with these motions because there's continued issues in this regard. Um, I'm going to order dad to pay attorney's fees, $1,000 for not having the child return to mom.

[01:02:54]Court orders need to be followed.

[01:02:59]If they're not attorney's fees will be assessed or parenting time will be lost. I'm not suspending or modifying parenting time now. I I don't feel that there's that either parent or physically harming the child. They're not being deprived of food or shelter or clothing. I have some concerns that maybe there's some about their mental health and I I think counseling would be of benefit to all of these kids. I know there's expenses involved and I know where you all are located. It's not easy to access um counseling, but I'm not going to necessarily order mental health counseling at this time.

[01:04:22]I'm ordering the guardian ad lightum and the parents are going to be responsible for the costs of the guardian adidum.

[01:04:28]I'm going to order that be done in the same percentage that I ordered um for the costs of the domestic consiliation.

[01:04:41]If the guardian ad lightum feels that counseling is u necessary, then they can report that to the court.

[01:04:53]But I'm going to order that the same parenting plan be in place and that both parents need to encourage the children to comply with the court orders. If Adam doesn't want to go to mom's at the end of your parenting time, dad, you have to tell him too bad.

[01:05:13]That's the order of the court. If you turn 18 and don't want to go see mom or go see dad, he can do that. But until until he's an adult, he's got to follow the rules.

[01:05:26]>> Can we have the exchanges at the sheriff's department, your honor? I think that will alleviate some of this.

[01:05:33]Your honor, I don't see I mean there's not there's no testimony that there's any sort of conflict really between the parties at these exchanges. I think a a police station exchange would stress out the kids more than it would solve any problems.

[01:05:45]>> Yes.

[01:05:46]>> That would entail them driving into Eureka when they all don't they all live like down the street from one another or >> Oh, no, your honor. My client is living just at the edge of Eureka.

[01:05:57]>> And Climax is only about I think 12 miles. It's It's not far, but that would alleviate uh Jesse having to argue with him. If he's sitting at the sheriff's department, then we don't have and the officers are tired of being called.

[01:06:14]It'd just be easier.

[01:06:17]Your honor, I I I would continue to object. I think it would stress out the kids. Um and in my experience, police officers don't really like when you do exchanges there and and they're, you know, have to get involved unnecessarily. it's, you know, makes it just that much easier for the for them to have to get involved. So, um, unless there's some sort of physical safety concern, which I don't think there is here, that we would ask for the exchanges to continue as they have been.

[01:06:41]>> Well, I I I think exchanging at the sheriff's department is a good idea. That'll be the order of the court.

[01:07:17]I am going to have an order that law enforcement be given the authority to um assist in making sure the orders are being complied with.

[01:07:30]Otherwise, we're going to have the same situation that the officer felt that he was in um on the 26th when um he felt that he wasn't able to act.

[01:07:43]But I think if the language in the order allows gives them uh the authority and orders them to enforce the court's orders, then there shouldn't be a problem.

[01:08:08]I'm hopeful with with the current direction that there's not going to be continued problems because I I've had similar cases that they start out like this. The parents can't get along. There's continued manipulation by both sides.

[01:08:25]the cases end up in sync court and nobody wants to be in sync court.

[01:08:31]So, don't do that to your children.

[01:08:39]All right. Uh, Miss Broyals, are there any other orders or clarifications you feel are necessary?

[01:08:46]>> Uh, I I I don't, your honor. Um, I will be happy to draft the order um from today's hearing.

[01:08:52]>> All right. Miss Shirley, anything?

[01:08:56]been my objection of course to the attorney fee award. Um and I just received a little thing from the child that he's not going to go.

[01:09:09]>> Your honor, I'm sorry. What? What? What?

[01:09:12]What did she receive? Is he in the room that he's of these orders being made?

[01:09:18]>> No, he's outside in the library. No, he is at the public library.

[01:09:26]>> Is he listening into these orders?

[01:09:29]>> I can't I can't I'm in my office in Woodson County.

[01:09:33]>> I would library in Eureka.

[01:09:37]>> Well, I would inquire of the other two individuals who are in contact with Adam if he is present and listening to these orders being made.

[01:09:44]Well, I I know he was in a room with Ivan, but regardless, >> um, whoever he's with needs to tell him that he's got to follow these rules. I explained to him in private conversation the consequences of not doing so. So, >> your honor, respectfully, I'm just letting you know he's not in the room with us. He is outside. Um, he had told me before this hearing that he would not go back. um that he was afraid for his safety and how he was going to be treated and he told me that before the hearing >> um because of everything that's been said. I was texting Maryanne and letting her know.

[01:10:24]>> Okay. I I apologize, your honor. I thought it came from him.

[01:10:27]>> Okay.

[01:10:28]>> Well, and he he m he made him the indication.

[01:10:32]>> I don't know. I don't your honor. I don't >> may be the case, but >> um I explained to him that he doesn't want to do that. that that's not a situation he wants to put himself in.

[01:10:44]>> Yes, I understand >> the parties. I encourage the parents whether I understand you probably don't agree with my orders, but it's your obligation as a parent to encourage him, tell him that he needs to follow the court orders.

[01:11:02]So, >> I understand your honor. Miss Broyals, if you could draft up the paperwork