Patti Juarez v. Daniel Palmquist
Case No: 1439205
Hearing Date: Tue Aug 27, 2019 10:30

Nature of Proceedings: Req. for Order: Child Custody/Child Visitation/OSC Contempt

Child Custody/Visitation

Attorneys:

Parties in pro per

Petitioner [“mother”]

Respondent [“father”]

Ruling: The Court will not make any changes in the present orders. Mother’s request to include Riverside County in “Ethan’s County Boundaries Areas” is denied without prejudice; she may renew the request via noticed motion. Either side may file a motion to clear up any overlapping Holiday issues that they may have during winter break. Mother’s request that the Court remove Daniel’s 8/18/19 ex parte document off the public record since it stated people’s personal address that they don’t want others to have, is denied.

Background:

The ex parte motion was filed by Respondent (“father”) on 8/20/19; hearing was set for 8/21/19 at 8:15. He requested that he be given temporary legal and physical custody of Ethan Palmquist DOB 11/21/2008. This order would change the 9/12/14 order that provides for joint legal custody with physical custody to father; and that father would have every other weekend and on Wednesday from 1:30 p.m. to 7:15 p.m.. He requests that the Court make Temporary Emergency Orders because:

“Ms. Juarez has through her actions shown that she has established residency and taken Ethan to 53575 Penland Rd, Whitewater, CA in riverside county (outside Ordered counties to visit). Her actions demonstrate that she has the intention of taking Ethan away from Santa Barbara/Ventura counties, as she has repeatedly already done. On Thursday 8/15/2019 Ms. Juarez took Ethan to Riverside county without my knowledge, she did not facilitate a 5:45 phone call, or tell me Ethan was away from home. On Friday 8/16/2019 Ms. Juarez would not tell me where Ethan was, and did not show up for an exchange, as she was in ‘Whitewater, Riverside county. After waiting and her telling me she would drop him off after dinner on Friday she still failed to even tell me where she was. Once it became around 8 pm I told her I would need to look for Ethan if she didn’t tell me where she was. She couldn’t because that would be incriminating. I went with SBPD to her residence (59 Ocean View, Santa Barbara) and the home was dark. Santa Barbara Sheriffs checked Ms. Juarez’s mother’s residence (SBSO 190083589), Ms Juarez and Ethan weren’t there. Ms. Juarez’s mother did not tell the sheriff where her daughter was with my son. Riverside county Sheriffs then located Ethan (without waking him up) and Ms. Juarez at 53575 Penland, Whitewater CA (officer Feldman 3958 B 19228030). After being caught Ms Juarez delayed on Saturday 8/ 17 until approx 3:30pm to have Ethan dropped off in Oxnard. On Sunday 8/18/2019 no one showed up at the exchange location in Carpinteria to pick up Ethan. Ms. Juarez was back in Whitewater, Riverside county. After waiting past the ordered time to wait I took pictures and left as she forfeited her time with Ethan, this is an Order requested by Ms Juarez that was also verbally confirmed/explained in open Court. Ms Juarez requested to speak to Ethan, she did and started drilling him with questions, asking if he was in Carpinteria, of course his response was “yes”. After getting back home Ms. Juarez was aware of our whereabouts and that Ethan was taking a bath, yet she had Ventura PD come to do a wellness check on Ethan. Ethan got out of the bath, and wrapped in a towel said hi to the officers, the officers apologized, and said they wouldn’t be bothering us anymore. Even though Ms. Juarez was in contempt, and then forfeited her custody time, I was still willing to let her have Ethan if she would tell me when she was back from Riverside, she refused. On Monday morning she showed up in front of Ethan and I’s home around 7am and insisted on getting Ethan, I asked her to wait until places opened so I could confirm Ethan was enrolled at school. She was adamant on getting Ethan back before I could do this. At 8:03am on Monday I spoke with the principal at Washington Elementary and she stated that nothing has been turned in and Ethan was not enrolled at school. So I got Ethan ready and headed to Santa Barbara to sort this out. Right after leaving Ethan and I were pulled over by Ventura PD with Patti, she had misled them into thinking I was not supposed to be with Ethan. After 20-30 minutes the officers apologized and notified me that per Court Order I have Ethan until the next exchange that is Wednesday at 7:15pm. Ethan finally got enrolled at Washington elementary because of my actions (last year Ms. Juarez had him miss his first day of school), and I have purchased all of his back to school supplies even though Ms. Juarez receives child support from me. Whitewater school district has still not called me back, I do not know if Ethan is enrolled there. School starts on September 3rd there. In 2013 Ms. Juarez abducted Ethan from his home in Ventura first, then she went to Court in an attempt to take all custody away from me the end result being in 50/50 custody. Her lawyers did succeed in allowing her to keep Ethan in Santa Barbara instead of Ventura, even after Ventura child abduction DA was involved. Ms. Juarez has a history of taking action that affects Ethan’s well being before getting it approved by me or the court. Ethan has library books from Banning, CA in Riverside county. Ethan stated to me that his mother wants to move to Palm Springs, and that she asked him if he wanted to go to school there to which he replied no. Ethan said that Ms. Juarez has spent almost the whole summer in Whitewater/Palm Springs. If Ms. Juarez is moving, Ethan needs to be at a school in Ventura where his home is and always has been, the home he was born into. Ms. Juarez has moved approx half a dozen times since she took Ethan away the first time. Ms. Juarez has said that she prioritizes Court Orders, I don’t; an order is an order. I have done everything that Ms. Juarez asked me to do in the past in regards to anything she was worried about for me (attached Genesis completion from earlier this year). In conclusion there is evidence through her actions that Ms. Juarez is not keeping Ethan in the court Ordered counties, and has intentions to take him away. All the evidence, a new custody order, and contempt order to show cause will be provided in due time at a hearing, but right now my concern is that Ms. Juarez will do what she has done in the past and take Ethan away from his home and outside the approved counties again. Even after the police and orders clearly state that I have Ethan until Wednesday she says she is still going to try to pick up Ethan from school on Tuesday, I will do my best to make sure Ethan is not exposed to her causing another scene. Ethan has been put through enough, and he needs to have a calm, stable environment when he starts his school year, which Ms. Juarez cannot provide. I have never been late taking Ethan to school, Ms. Juarez made Ethan miss the first day of school last year, and he received two attendance warnings for all the school days Ms. Juarez arrived late or had him miss. Ethan wants to stay at Washington, wants to be with his father, and needs what I have to offer him until his mother calms down and can provide a stable home. I hate doing an Ex Parte request, but even on Sunday when no one picked up Ethan, she had planned for her parents to pick up Ethan and drive him back to Riverside where she was, two nights before school starts. I have had to prepare this quickly since I have been taking care of all Ethan’s needs, which he deserves. Ester from the Santa Barbara school district told me that Ms. Juarez has intentions for Ethan, but couldn’t tell me what they were. The school district did not have to be involved, only a proof of SB address and emergency contact to Washington school directly.”

Ex Parte Orders:

l. The Court did not make any interim orders on the ex parte request but did shorten time for a hearing.

2. Mother’s Response to father’s declaration (set out above) to be filed by August 23 at noon (copy emailed or faxed to father; copy emailed to the Court at tanderlc@sbcourts.org).

3. Father’s Reply to be filed by noon August 26 (copy emailed or faxed to mother; copy emailed to the Court at tanderlc@sbcourts.org).

4. The hearing will be on August 27, 2019 at 10:30 in Department #3.

Mother’s Response

Filed 8/23; it is comprised of 20 pages; read it all; she states:

“I am the respondent in this case matter. I am writing this declaration on the things I personally know & the information that I received. I would also like the court to know the feedback that l have received recently from a 805 Police Officer & multiple staff members from the Santa Barbara School District in regards to the multiple pages of old court documents our case has over the years & how confusing our old orders are to multiple facilities/agencies. Due to being sick & my doctor not wanting me to handle anything stressful due to being afflicted. I have not been able to prepare a reasonable response under these conditions. (See exhibit 1: My August 2019 Doctors Note) Daniel has requested an emergency hearing, (temporary) sole physical custody, (temporary) sole legal custody after refusing to allow me to be with my son, holding Ethan hostage, & refusing to focus in on co-parenting specific matter with me. (See exhibit 2: Emails & Text) I have asked Daniel a few times recently if he would like to meet up to go over any court issues we have been having issues with, misunderstandings, and/or court orders that are too strict and not allowing Ethan to enjoy his youth opportunity experiences. Please see exhibit 2 if the court needs more example I will provide our other text messages but need time to go back through thousands of summer text messages.

In addition, I would like the court to know that I received Daniel’s declaration at 6:50pm on August 20th, 2019, 13 hours before our ex parte hearing which is not enough time to properly prepare for a huge custody change. I would like to be allotted the proper amount of due process time since I was not properly serviced & or given all the relevant hearing detail in time. After reading Daniel late declaration that he email to me 13 hours before a 8:15am hearing I would like the court to know Daniel isn’t sharing all the details of what occurred, he is only sharing part of what happened & not the full content of details. He isn’t co-parenting or working with me (see exhibit 2). He ignores my request to meet up & resolve our co-parenting matters outside of court. Daniel is trying to aggressively change our custody status & Ethan’s routine without meeting and/or communicate respectfully with me, co-parent &/or address any adjustments he wants. Principal Giguiere apologized to me on Tuesday for letting Daniel pick Ethan up from school early without contacting and/or notifying me. Washington school newer Principal said our custody orders are confusing & it isn’t clear who has Ethan on Tuesdays. She will go over all our custody orders but would prefer if we could get clear orders for every day of the week. I would like time to review all our custody orders & consolidate them into one organized current update 2019 custody orders so Ethan’s school, agencies, & everyone can clearly & quickly know what our orders are. Since my parents now have a beautiful 8 acre home in Riverside County I would like Ethan to be able to enjoy special occasions & holiday gathers with his family there. So, I would like to include Riverside County in Ethan’s County Boundaries areas. I would also like time to review & clear up any overlapping Holiday issues that we have issues with during winter break so we don’t have misunderstanding this coming winter break & can enjoy our time with Ethan. Lastly, I am requesting that the court remove Daniel’s 8/18/19 ex parte document off the public record since it state people’s personal address that they don’t want others to have. Under consideration of all the recent matters I would like time to properly review all our court orders & figure out custody options that better serve Ethan now that he is older.

Father’s Reply

He filed the following declaration:

“On Tuesday 21st of August 2019 I was prepared to cancel the Ex Parte hearing as Ethan was assigned a teacher for his first day of school (implying the address form had been turned in), however around 1pm while I was at the school I had to take Ethan home early because M.s Juarez had not turned in the form (the principal is aware her office did not make a mistake as Ms. Juarez claims). She has since turned in the form, so Ethan is enrolled at Washington Elementary. As Ethan’s school enrollment being the most important concern (the emergency) of mine I would like to ask the court to dismiss my request for temporary sole legal and physical custody without prejudice.

Ms. Juarez has for the first time in years expressed desire to work out a new custody arrangement outside of court which I will attempt to do with her first before requesting an adjustment. Since her first request to make adjustments last week she has repeatedly refused to answer my question about whether or not she is willing to move to a joint custody situation where Ethan is with his father at least half of the time, which is what he wants.

Ms. Juarez was in blatant contempt on multiple orders, and I have been advised on how to bring this to the Court separately outside of this short calendar hearing. In the past I have not filed for contempt on the literally hundreds of occasions she has been in contempt (on different orders) because she is my son’s mother, but orders need to start being followed.

I had to make a special trip to Santa Barbara on Friday August 23rd to get a copy of her declaration because as expected Ms. Juarez did not follow the orders to email serve me by noon that day.

I ask the court to deny the further requests Ms. Juarez brings up in her declaration. She has proved that Riverside County should not be added to Ethan’s non prior approved county limitations with her actions that would have had him there the day before the school year starts. Also the court has already denied Ms. Juarez’s prior request to expand the counties. In regards to taking documents off public record, I have not provided any information that is not already public record, unlike Ms. Juarez has in the past.

In additional I would like to point out the declaration filed on August 23rd 2019 my Ms. Juarez was not signed under perjury has black and white lies, misinformation, and should not be considered.

The Court’s Conclusions

I have now read and reread everything that has been said. Father’s requests should be denied in light of all the facts and his Reply. At the same time mother’s requests should not be considered as they were not the subject of any RFO that permits father to have an adequate time to prepare a thoughtful response.