Court results-pics later

Well, if you don't want to read it all... Jason won big in Court. That is the just of it..
However, if you are a details person and want to read the rest... here it is....

brief history:
Jason's ex-Cathy took him to court b/c she didn't want him to fly his son in an airplane, she wanted her visitation schedule that she set, and mostly attorney fees.

We had 6 days notice of going to Court. We did have emails to prove we were not uncooperative in setting a FAIR visitation schedule. The lawyer told us we HAD to make the trip. Jason worked all noc Monday, we left about 10a Tues and drove all day, got in about 530p and he called and asked Cathy if he could see Jonah. at first she didn't answer. then she called back (after speaking to her lawyer) and agreed. Then however, was a total rip when Jason called and said we were there and wanted to pick up Jonah. So, we drove out to pick Jonah up and then back to town to feed him supper and take him back home. While we were 20min late, and we were wrong b/c we didn't call to say we were running late... but she did know what we were doing and she does have Jason's cell number if she is truly worried. Anyway, she got mad b/c we were late and practically ripped Jonah out of the truck, grabbed his car seat and threw it in the van and jumped in and sped off. She literally was spinning tires when she left. She had Jonah and his older brother Justin UNRESTRAINED in the van. Justin was sitting up front... no seat belt and no car seat.
This really gets to me since she complains how UNSAFE Jason is.
However, if you talk to Jason... I do have car seat issues... but, to me... don't preach safety if you don't do everything possible to be safe yourself...


anyway... back to the court stuff....

We met with our lawyer at 10am the Wednesday and we go over our case. He said not to be worried. He said the Judge is fair. Which, it is the same Judge that Jason has been before 3x now. We were so nervous b/c there was a lot riding on this court battle. Cathy's schedule left a lot of dates that Jonah would be here when Jason was working 60hrs in a week. Which, that doesn't give much time for Jonah and Jason to spend together.

So, we show up at Court. Cathy's dad showed up and offered to give us a puppy. So we sat there and visited with him until Cathy must have realized her dad was out there and she ordered him to come back into the room where she was sitting. We get called in to appear before the Judge and the lawyers met with the Judge prior to the hearing. I think that was to see if either side would budge on what they wanted.

Cathy was put on the stand first. She went over how she had gave Jason dates in Sept and how he didn't respond until Nov and then after 2 or 3 emails he changed all the dates he wanted to 2 weeks earlier. She said that it was inconsistent for Jonah since he would have been here for a week, with her for a week and then back with us for a week to do Jason's schedule. Her lawyer asked her what dates she wanted for Jan and she said she wanted Jan 20 to 26. He asked what Jason had first agreed to and she said Jan 20 to 27. So, he said that is only a difference of a day right? She said yeah. He then asked why she wanted the Feb dates and she replied they were 3 weeks from the previous visit and it was consistent for Jonah. That is where the consistency ends, though! the next dates were like 4 or 5 weeks difference. She also wanted Jason to return Jonah on Saturdays of his weekend off. It is hard to explain, but Jason works every other weekend and his weekends are 3 days... Fri, Sat, and Sun. So, the weekend Jonah comes here, Jason works and then if he returned on Sat, Jason would only have Friday with him of his weekend off. So, then her lawyer further helped her point out her other concerns... like the flying. She also stated how inconvenient it was for her that Jason flew out to get Jonah, but after the weather turned bad, he turned around. This caused delay and she went to her sisters in Mo. (she told Jason she wouldn't continue to drive his direction even though he offered to pay her gas money for continuing to come towards IL). Anyway, that never got brought up. she just pointed out how invent it was for her. she actually said..."it was no big deal that day, but if I would have had something going on, then it would be a big deal"

When Jason's lawyer cross examined, he pointed out that Jason has lived in his house in IL since 2001. He also pointed out that Jonah was conceived in the house that Jason lived in. Cathy kept trying to say she didn't live in IL at the time (which was true, but they were getting the point across that Jason is more stable). They also went on to point out that Jason has worked at his job since 1999. The lawyer then asked her what she did. She is a babysitter in her home. He asked about her husband. She said he is a farmer. So, he said so, you both have flexible schedules? her reply was... well, he has to go milk the cows 2x a day! So, the lawyer said...oh he is one of THOSE farmers! everyone laughed!
Then he attacked Cathy on the flying issue. He asked her how many hours Jason had. she didn't know. He asked her if she had called his instructor. nope she hadn't. he asked her if she had ever flown with Jason and she said no.

Jason got on the stand and they went over how many children we have. they went over how he doesn't set his schedule. How his schedule is set by his company. he explained he had recently changed schedules b/c he was told to. not b/c he wanted to. Her lawyer tried to attack him on different things, but Jason held in there.

OH, THE BEST PART... our emails were admitted as evidence!!! Then Jason's schedule was admitted as evidence! The Judge was reviewing the emails all through the testimony.

When it came down to the Judge to rule. He said several things...
1. he remembered this case from the previous times
2. he stated he wouldn't get in a plane with Jason b/c he personally doesn't care for little planes or even the big ones. but that was his preference
3. he stated driving is more dangerous than flying... but we do it everyday
4. he stated he didn't want to set visitation and he didn't know our lives like we do and we should work out our schedules instead of having him do it.
5. he commended Jason for fighting for his son. that many dads would have given up.
6. he also stated that he did not believe Jason would put Jonah in any danger.


His ruling was this....

Jason was awarded his schedule. Jason was allowed to transport Jonah by plane. Jason had also asked that he could take Jonah with him today instead of meeting again on Sunday in Iowa. The Judge ruled in favor of that also. So, then the determination had to be made when Jonah had to go home. He at first said the 26th of Jan. Which, is MY BIRTHDAY (and one of the reason's Cathy wanted the 26th and Jason didn't). Jason just said the 25th or the 27th, but not the 26th. Jason got to have the 27th! I think the Judge realized how vindictive Cathy was being!

She got red faced, and started crying. He then stated, if you don't like my ruling, then don't make me do it. He already set the next court date for Dec 17th in case we can't reach an agreement for a 2009 schedule!
Jason won! completely!
then her dad still gave us one of his prized beagle dogs.
When we went to pick Jonah up, Cathy wouldn't answer the phone, but when we showed up at her house, she let Jonah go.

On the way home we got into snow and at one point slid all over the road and down into the grassy median (backwards) and up the other side and almost went into oncoming traffic! Jason saved the truck and us!! However, scared the daylights out of both of us!!
we ended up staying the night in Iowa. it was still bad coming home today... but we made it. there were so many cars and tractor trailers in the ditches! I am glad we stopped last noc.
However, it made for a long trip today!

We missed the other kids, esp the twins, horribly. However, after all of that... I am glad the twins weren't there for all of that!

The girls will not let me out of their sight since I have been home. The are pretty clingy girls anyway, but they will be playing and if I leave the room they will stop, get up and come after me crying! I know they were in good hands while we were gone... but they have obviously noticed that mom and dad weren't around!

I just wanted to let ya know most of the details. Of course, there is always more... but this is the just of things. I thought Cathy came across as a "me, me, me" person. It was all about her. Jason had testified how he had given consideration to what she wanted while trying to accomplish his goals as well. He came across as more reasonable.

afterwards, talking to the lawyer, we said, we really weren't "out to get Cathy". Even though she does take her shots at us and even though she is difficult to deal with and EVEN though she thinks of herself first and Jonah last.... we REALLY weren't trying to be unsympathetic to what she wanted. We were trying to work things out with her and it came down to her way and since Jason disagreed, she took him to Court.... which did not work in her favor!

I would like to see us be able to sit down and work out schedules and everyone get along. I doubt it will ever be that way. I am guessing she will no longer email Jason since we had printed off all the emails and they were essentially used against her!