Mom Ignores Court Order After Withholding Dad’s Custody…

The next matter is Nigel Ingresol and Christa Carneahan. File 15-15991-dm. This is a support motion um by Miss Carneahan.

And then we also have a review on a parenting time issue by Mr Ingresol, I believe. So, Miss Carneahan, your matter first. What is it that you would like me to review as to the child support matter?

[clears throat] Um, Riot has a medical bill that I had submitted for his orthodontist. I would like uh you to take a look at it and see if it could possibly be calculated in um along with his child support. It was ordered that Nigel was supposed to pay 76% of Riot's medical.

Um, however, he he hasn't been helping with anything. So, I kind of Yep. Um, I think the number was 74% and 26%.

26 for you, 74 for him. But let me let me hear from him as to how he wishes to proceed. Mr Truch, as to the support matter and the um amount [snorts] that's been listed for medical services, I don't even see I'm sorry, your honor.

How do you how does your client wish to proceed? Uh, Miss Carneahan, excuse me, Miss Yeah, Miss Carneahan has listed a an amount of extraordinary medical um with Dr Sara uh for looks like $6,550 or actually $6,750 for orthodontics. uh typically that would be uh divided out according to the percentage in the support order at 74 and 26%.

Is there some reason why your client does not wish to do that? Well, your honor, for today's purposes, I guess I I would just indicate to the court. I mean, I haven't received any of that information or been able to go over it with him yet.

Um and and that might be partially my fault. I think our original appearance was a limited appearance on the matter. Um, but I haven't received the information to be able to go over it with him.

Um, so I would just ask the court to um potentially set another hearing where I can go over that with him, discuss um whether or not that's appropriate or not or whether we agree with it or not. How'd you get notice of today's hearing uh from the court calendar? So to uh to be clear, your honor, when when I came to the original hearing and took the case on, I went to the court's calendar and docketed all the existing court dates.

This court date and time was existing at that time. I think that what was existing was probably the review hearing for um the parenting time, not this particular hearing, but they're set at the same time. Miss Carneahan, um, did you send a copy of your motion on support to Mr Ingresol?

Yes. Uh, there's a certificate of mailing at the bottom of this motion. Is that your signature at the bottom?

I'm sorry. You have that? Yes.

You There's I'm looking at motion regarding support and it says there's a heading underneath where it says notice of hearing. It says certificate of mailing and there's a date of 7926 and a scribbled signature. I'm I'm assuming that's your signature.

Yes. It also says hand delivered. So, how did you make the service on Mr Ingresol?

In his mailbox. Did you use the post office or did you place it in his mailbox? No, I just dropped it off.

Did you put a stamp on it and put it in your mailbox so the post office delivered it to his mailbox or did you physically go to his mailbox? I will resend it out through the mail. No, I I just went and dropped it off.

So he never you never gave it to him personally? You you is that correct? No.

All right. He's entitled to notice of this. Listen, if you can't prove that he got the notice, I can't require him to respond to it today.

If you had actually delivered it to him or if you had mailed it to him, then I could require him to respond to it today. But because I can't show that, I will have to have another hearing date set on your request for that. Um, so we will do this.

Okay? So, I need you to send a copy of it and then fill out what's called either the certificate of mailing or a not a proof of service which says I mailed it with a stamp on it at such and such a date, such and such a time or if you handel it to him or however you get it to him. I simply need to have proof of that with so you'd give it to him then you'd send a copy of that proof of service that how this is how I got it to him judge to the court so they can file it so I have that for the next hearing.

Okay. Okay. And your honor, with with Miss Carneahan's permission, I mean, I can reach out to her after the hearing and give her um ways to deliver it to me.

I mean, I'm happy to accept service on Mr Ingresol's behalf for it. Thank you very much, Mr Truce. So, Miss Carneahan, he's trying to make it easy for you.

So, how do you want to get a hold of each other after the hearing? Mr Truce, do you have a number for her? Or Mr uh Miss Carneahan, do you have a number for Mr TR?

Um, yes. Does he have an office in town? My office is in Gring, but I I mean I can give you the office phone number.

Why don't you call set it up? Um, I don't want to put my phone number on um you he'll give you his which is a public number so that way you can call him. What's your number?

It's 989 745 6625. All right, sir. Is it possible to get an updated address for Mr Ingresol since we have a bunch of return mail that keeps getting sent back?

Uh, absolutely, but I'm not putting my address online. I'll I'll stop in and provide that for you personally or I'll I'll call after this is over. No problem.

Please do. Thank you. Yes, ma'am.

All right. So, we've got that issue at least preserved and that we'll deal with that at the next court hearing. Uh the next matter that we have then is a review on parenting time.

Um and what is it that you want me to know about that, Mr Truce? Uh your honor, essentially since the last hearing, uh there has not been any parenting time. Um when we were last here there was um and and I'm excuse me if I if I misstate I think it was makeup parenting time that was supposed to happen during Alpinfest.

Um that ultimately didn't happen and I don't think there's really been any parenting time since then. Um there is an issue that I do think we need to address about how parenting time um is supposed to occur because this past Sunday Mr Ingresol went to exercise his parenting time. the police were called with an alleged violation of a PO.

Um and and ultimately there's some question over how this exchange is supposed to take place. Um given that it it sounds like the present state of things that there might be a personal protection order. So specifically, Mr Truse, what are you asking for?

Well, I I guess at this point, um I think this was set again for a review hearing of that uh prior to today's date already. I I think fundamentally what we need to assess here is parenting time has not been happening. And I from my position, I don't see a good explanation as to why it's not.

Uh what's consistently being told to me is that Riot does not want to engage in the parenting time. I I've indicated it before and I'll continue to indicate it. I don't think that it is good policywise um to, you know, let a 13-year-old drive the bus, so to speak.

Um I also, you know, I would want to know what steps it is that Miss Carneahan is taking to assure this. Um because to the extent that she's letting him just say, "I don't want to go and that's the end of it. " I don't agree on death and assets.

We do not agree on who claims the children. Sorry about that. That was another party, not Miss Carneahan.

Go ahead, Mr Trish. Um, so I I mean, I think that's what we're here for today. I mean, obviously our request is going to be that makeup parenting time be ordered um and that parenting time actually occur as it's supposed to.

Miss Carneahan, who is the counselor for Riot? Pam from Oldtown Psychological. She submitted her uh letter of recommendation.

Submitted it to who? Um she mailed it out on Tuesday. I also received a copy of it.

Mr Truce, did you get such a letter? I have not. I've had no um communications from the counselor to me.

Um the court did request Mr Ingresol to reach out to the counselor. He did that but was basically told um unless he's a client or does an intake with them, they won't talk to him. I have not received such a letter, Miss Carneahan.

Uh is Pam here and available for testimony today? Um she submitted her request. Um other than that, she does not feel comfortable after Nigel called and verbally abused her staff members.

It was also wrote in the letter of recommendation. Well, since I don't have that letter of recommendation, I don't know those things. The hearing was set for today and it was made very clear that Ms.

uh the counselor was to be subpoenaed to be here and it was also it was hang on let me let me finish my thought. It was also noted that the parties were to use the counselor and that she was to make interim recommendations as to how things were going with Riot. So that in Mr Trisha's words, Riot wasn't driving the bus.

It was the counselor who was driving the bus. Um why did that not occur? Um it was submitted that she was supposed to submit in writing, not in person.

and she said she does not feel comfortable with um the way Nigel called and verbally abused her staff and the confidentiality with it being over Zoom and broadcasted. She wanted to keep riots um riots counseling private for the things that have happened. Then we'll set an in court hearing.

She can be here for that, but you need to subpoena her for that. Mr truce needs to have the ability to call her and talk with her about concerns uh with riot and parenting time and parenting time needs to take place. How do you propose that we do all of that?

Your honor, after um the last couple of attempted visits, Riot has refused to go and he he and Riot's counselor does not feel that it's safe. Um, Nigel came over here. He shoved Riot off the porch.

Um, tried to drag him to the vehicle. Um, and then last Sunday he pushed his way into my home. Riot was quite distressed.

I took a video of it. Um, and then we have also had false police reports. Um, the police were at my house the other day.

Um some of Nigel's um friends have filed false police reports and they have been talking to the police showed up and had to talk to Riot. Um Riot is it's just it's not it's just not working at at all my attempts to get Riot to call his father and have an interaction. The interaction is so negative that it has affected him horribly.

It's affected his school. it's it's affected him emotionally. You cannot attempt to have a relationship with your child and put your hands on that child.

All right. What I'm going to do is I'm going to reset today uh for a future court hearing on the same issue. Um Miss Carneahan, you're going to need to subpoena U Pam at Oldtown.

We'll have this hearing in person. I'll set it for a 2-hour hearing. So, Miss Carneahan, you're going to need to contact Samantha Johnson, who's my scheduling uh person, to find a 2-hour hearing date for that.

Then you're going to need to get a subpoena from the court uh which you will fill out and I will then sign and that will be given to Pam to require her to attend at that next court hearing. Uh the letter that you've indicated u that the counselor has sent out needs to be sent to Mr Trush as well. So if you have a copy of that that needs to go to him so that they have access to that information for any uh questions that they may have for the counselor.

And then we will have schedule this hearing um and have the hearing uh and each side will be given a fair opportunity to bring out whatever facts they believe are necessary uh regarding ongoing parenting time and I'll reserve making any decisions about how ongoing parenting time is going to look in the future uh for that hearing. U Mr Truce, do you have any questions about that? Uh your honor, just in the interim, what I uh I mean is the present order and is it continuing in effect?

I mean, should parenting time be continuing to happen? Is the court ordering any makeup parenting time? Uh because again, there's been a significant amount of missed parenting time.

Um and then lastly to address how the parenting time exchange should occur. Again, given that, and Miss Carneahan didn't address this, but I don't think she disputed it either, that there's a PO, and I we don't want to be dealing with a violation every time that parenting time is attempted. All of which is a great reason for us to address that at a court hearing where I can induce facts and have specific information in front of me before I do anything else.

So, the court order has not been changed. If there are ongoing violations of it, I will address it at the next court hearing. If there are ongoing valid reasons for not complying with it, then I'll I'll see that at the next court hearing.

But I it's not productive for me to make a decision without facts. And I'm not going to be able to have all of the facts that I need without the counselor testifying. Uh so it's not going to be productive for me to make a stab in the dark.

Uh, so I'm going to do this all at one time. When the counselor is here, the parties are here, and I can hear all of the evidence at the same time, and then I'll make a decision on all of those issues. So, uh, Mr uh, Ingresol has not lost his ability to have makeup parenting time if I decide that that's appropriate.

Uh, it's just not going to be immediate. It'll be after the court hearing and I'll I'll allow him to address any missed parenting time including from now until the next court hearing if that's what occurs. If Ms.

Carneahan is able to give ongoing parenting time, then there may not be any loss of parenting time. I don't know that. But I'll have the hearing in the future when everybody's here.

Uh Miss Carneahan, do you have any other questions? Uh, no, your honor. Um, [clears throat] judge, she calls next week, I will not be here.

Your honor, I'm sorry. Just one additional issue I want to address. Go ahead.

Um, and again, I don't want to beat a dead horse, but the the issue of the PO and how the exchange should take place. Um, in the interim, I would suggest if Miss Carneahan is agreeable to it, um, the city PD has indicated to me that their front parking lot is uh under camera and they do do custodial exchanges there for that reason. Um, so I would suggest at least until we can get another court hearing that parenting time exchanges take place there so that there is camera footage of everything that happens in case there is any sort of allegation.

Thank you, Mr Truch. Um, all right, that'll be the order of the court. U, Miss Carneahan, please contact the court to get the court date um set and issue the subpoena.

and uh we'll see everybody in court as soon as we can. Thank you. That's all.

Your honor. Yes, ma'am. Would we additionally address her support motion at that same hearing?

That's a great idea. Let's do that. We'll let we'll let you know uh when that's going to be set and schedule it together.