She took the test, told me to come out, and then said she didn't pass positive for marijuana. And then she told me that prior to the test where it was administered, she took a pipe off the shelf and went and smoked it. So, my levels are going to be high is what she told the court.
>> And your limited appearance just gives us your services for today, is that only correct? >> As of now, yes. >> As of now?
>> Yes, as of now. >> As of now, yes. Very well.
Tom Edwards is present also, and he's our uh deep prosecutor. Mr Edwards, set the table for us in this matter, will you? >> Thank you, Your Honor.
>> [snorts] >> The parties had a civil contempt and operation gathering conference on June 16th in regard to the DS portion of that from a referral from the Department of Human Services regarding state assistance uh required us to do a support order. Uh parties met with the state workers at that time and a temporary order was issued regarding custody, parenting time, and support. Uh and today is the date uh set to finalize that order.
Uh in regard to that, neither party filed an objection to the temporary order. Uh I did have an opportunity to speak with Mr Anderson this morning. He has some concerns regarding uh the custody and parenting time uh uh developments that happened since the big conference and since you know, the uh time that might to file an objection happened or passed.
So, I had to like to address those today. >> Yeah, no problem. Why does it make sense to to um close up your DS file, Mr Edwards?
Does it make sense to do that? >> That would be our preference to close the DS or the support portion of the DS file and uh hold in abeyance annulment of the custody and parenting time decision to the divorce or annulment file. >> Thank you.
So, Mr Edwards, what the 40 prosecutor is suggesting is that he close out his file on the his file with a final order only setting child support and deferring custody and parenting time to the pending DM. What do you say to that? Yeah, that does seem pretty reasonable to me.
Mr Edwards, would you join me at the podium, please? If you would raise your right hand, do you promise that you will tell the truth, the whole truth, nothing but the truth, so help you God? Thank you.
You may put your hand down. Do you understand what we're doing, what we're what we're attempting to do here? Does that make sense to you?
It sort of does, doesn't it? So, we'll grant Mr Edwards a final order in his DM case only um with regards to child support. Right?
And since there's a DV order in both files, we'll we'll let the DM file continue its track, right? As we monitor custody and parenting time. So, Mr Edwards, then prepare your orders and we'll take it from here.
>> Thank you, Your Honor. >> Now, we're not quite done yet because we have another issue to address and that is an allegation that your daughter tested positive for methamphetamine. Is that correct?
Tell me what you know about that. >> Well, I received information on July 22nd with over the break. They're going in to do a follow-up marijuana test in general to see if her levels had went down from two or three to a lower level to make sure she was staying off of it.
Um when she did the test, it only come out and said she did test positive for marijuana. And methamphetamines was on the list as well. And then she She that prior to the test where it was she took a pipe off the bathroom shelf and went and smoked it.
So, my level's going to be high is what she told the officer. But, from that point things got fantastic. All I was concerned with was after three and four days the test came back out, which normally means there's something going on with the test.
They ended up having to re-assure that the levels was 12,000 were accurate. And when I spoke to my daughter about it I was not even able to find her to talk to her. CPS came.
They had interviews with her and she said that she didn't know what it was better. She thought it was C. My daughter Rosie, okay.
When she lost her marbles she thought the crystals in the pipe were crystallized marijuana. Oh, dear. So, she's being exposed.
And it was a meth pipe, not a marijuana pipe. Yeah, I thought it was a marijuana pipe. As I understood from the past with my daughter CPS she made this statement to them.
Which is holding because I found it out in her daughter's room before in the drawers mixed with her clothing. My daughter's not safe there because she can't provide the protection she is supposed to do. I don't want my daughter to die at the hands of her mom.
But, my daughter wants to be with her mother desperately. We both want her to get help. That's all I care about.
You don't want your daughter to live with anyone? But, my daughter desperately wants to and I'm all about her having a mom. Cuz I know what it was like when I didn't have a mom.
But, she needs help. She was an amazing woman at one time and I loved her very much. But, once the meth got a hold of her she went on a break down the hill.
And that's changed. She's trying, she has. But, something put her back into it, I don't know what.
But, my daughter is a little confused right now. Because she doesn't know what to say. She didn't know she was being exposed to meth.
She shouldn't have exposed to weed anyways. And yeah, that's She's had a consent calendar with Rosie. Yeah.
So, actually So, right now I don't feel she's safe. I understand. Thank you very much, Mr Anderson.
Mr Alderman, Alderman, on behalf of Ms. Anderson, what is your position on this issue? You're welcome.
It did. It did. But she already admitted to use.
She The child admitted to the use. You know what? One way we can get to the bottom of it is if we hire a client and we'll ask her.
Sure. >> I consider this an emergency. Um and I know that we have notice that we're adjusting a minor child using methamphetamine.
So, I I I I stand firm today on my belief that it needs to be addressed today. So, if you if you do not want to subject your client to examination, that's fine. I respect that.
Thank you very much. Um without hearing from Ms. Anderson, Mr Anderson's testimony is un rebutted and uncontested and I find his testimony to be true.
Therefore, Ms. Anderson's parenting time will be amended. Uh there'll be no physical contact between mother and daughter.
Uh parenting in-person parenting time will be suspended until further order of the court. And the court relies on MCL 722. 27A.
3. That's the parenting statute. The child has a right to parenting time with the parent unless it's shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.
Um father testified that mother has a history of using methamphetamine. The child is positive for methamphetamine. Um the child has had parenting time with mother.
Um the child said that she had access to a pipe and saw crystals and ingested, thought it was marijuana, but it was methamphetamine. I find that mother's uh use of methamphetamine has endangered this child. Therefore, you had a chance.
You decided you don't want to testify. >> Didn't say that. >> I Please, excuse me.
You said your attorney said you don't want to testify, so I'm making my decision. The court if you keep going you're going to be held in contempt of court. >> a right to speak and put my holding on the record.
>> I believe that to continue in person parenting time would further subject this child to a substantial physical harm regarding her health. However, you have technology available that would provide some contact between mother and daughter. How do you get along with her?
Are the two of you able to communicate? >> We just text each other. Just text her.
>> It's text messages? >> Yeah. >> All right.
Is the child involved in any extracurricular extracurricular activities in the evening? >> No, she she rides her bike and stuff. >> All right.
Right now we're just trying to get >> We all have phones. We all have phones, right? And internet.
>> Yeah, she has actually she can audio video talk to >> All right. That's where I'm going. >> That's right.
>> So, every Wednesday at 6:00 p. m. there'll be a 1-hour Zoom call.
That'll be the parenting time order. Zoom call. Every Wednesday at 6:00 6:00 to 7:00 there'll be a 1-hour Zoom call.
No discussion about the facts of this case. No discussion about drug use. The only discussion will be things that mothers and daughters should talk about.
That would be summertime, school coming up, things like that. I'll prepare the order that reflects the decision today. Um I'm not going to give you a punch list on what you have to do.
I don't believe in punch lists. I want you to do what you need to do to regain your parenting time. You have to do what you think you need to do to be able to earn parenting time back.
I would suggest a substance use evaluation and follow the recommendations and prove to the court that you can that you can recover and maintain recovery. That's what I would suggest. I'm not going to give you a list of things you have to do.
Peer support meetings, maybe. This court is recovery informed and understands and knows that you've got some work to do. Prove to me that you're doing that work, I'll be very happy to reinstate your parenting time.
I think that recovery would be good for you, and I think it would even be better for Rosie. So, I suggest you just get right on that. Now, once you can prove to me that you're in recovery and and you're likely to remain in recovery, then I'll be happy to reinstate you with some in-person parenting time.
Do you understand? >> I understand. >> All right.
Thank you very much. That'll be the order of the court. The court will give I think we we're on the docket for an upcoming trial date, and we'll keep those dates.
Thank you very much for coming today. Do you understand, Mr Anderson? >> Yes, sir.
>> Okay. >> Thank you. >> You'll see for that?
>> Yeah. >> All right. I appreciate it.
>> Thank you. Thank you, Judge.