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#738028 10/29/02 11:44 PM
Joined: Sep 1999
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Sorry I haven't been on very much...
...getting together legal paperwork is draining.

This is a follow-up to the legal battles I've had with my xW... her having been granted by the courts to practice 'social nudism' in front of our 10 yo daughter and 13 year old son...
see... Outraged! and Back to court and Nudism & Kids... II and Nudism... and young children.

Today, my and my ex-wife's attorney were called to a 'conference' with the adjudicating Judge (Judge that ruled my ex-wife can practice 'social nudism' in front of the kids)...
...this is a very unsuually happening since little over one week ago(10/16) I filed the formal appeal. Once an appeal is filed, the adjudicating judge no longer has jurdisdiction (in my state/New Jersey.)

1. The judge admitted (in closed chambers... to my and ex-wife's attorneys) that her(judge's) decision was wrong. She(the judge) should not have allowed my ex-wife to practice 'social nudism' in front of the kids.
2. She spoke to a 'friend' psychologist... and the the psychologist concurrs that to allow a parent to do this is 'not appropriate'.
3. She did speak to a 'Catholic judge', and he/she said to the adjudicating judge that her decision was OK... BUT how many Catholics vote for PRO-CHOICE candidates, or are themselves PRO-CHOICE or are so watered down in their faith (to the point of having no ties to the morals espoused by the Catholic faith).
4. The judge said, had I requested a review of her decision (within the 21 days allowed)... she would have overturned her decision...
...but not now that I have filed the full appeal.
(My attorney didn't buy into this one)

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Now... even though the judge admits (in private) that she made a mistake...
...she still refuses to retract her decision!

Is it pride?! Is it arrogance?!

She(the Judge) suggests:
1. I drop the appeal... and the judge would re-trial the case... asking both ex-wife and I to get expert witnesses/psychologists
(In the mean time the Judge would block ex-wife's wish to practice 'social nudism' in front of the kids. This would cost us each at leat $1,500.00 (just for experts to be hired) and then all the legal fees to our respective attorneys on top of that.

(BTW: ex-wife's attorney expects me to pay for her expert witnesses, since she's been out of work since June)

or...
2. Continue the appeal processs I started (with a slight chance the the 3 appelate judges may remand the matter back to the adjudicating judge)
Most likely, they will overturn the judge's decision.

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I am disappointed that the judge lacks the 'character' to act on what she believes (maybe believes) is in 'the best interest of the children'...
...and instead wants to 'protect' her own self interest in not having her decision overturned.

I will continue to fight for my kids...
...and with the grace of God... they and I will get through this.

<img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" />

Jim/NSR

#738029 10/30/02 12:03 AM
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Well, what a load of crap!

Whether it's pride or just plain stupidity doesn't even matter... SHE ADMITTED IT. I just don't get it. <img border="0" title="" alt="[Confused]" src="images/icons/confused.gif" />

So what *are* you going to do?

And remember Jim, even nudists understand it's not for everyone, and would NEVER force a lifestyle on another.

And when including children, several IMPORTANT factors are considered first - like for example if they were BROUGHT UP this way (which yours weren't), how old they are, and the lifestyle BEFORE.

Add to that, your ex bringing in new husband who's never known the children...

Oh, and then the sexual aspect, which ISN'T AN ASPECT to *true* naturalists...

Well, your ex is USING this lifestyle to MANIPULATE and PUSH YOUR BUTTONS, I think.

Just like bad Christians, and bad lawyers... bad Naturalists (like your ex) give the lifestyle a bad and ugly name.

And by the way, we aren't practicing this lifestyle after all... we've looked into it, think it's neat (in it's purity, as adults in the privacy of our own home only) but have decided against it in a public way.

I'm disguisted by your ex's display in the name of something that is suppose to be a good thing - not nasty.

#738030 10/30/02 12:30 AM
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I know exactly what you mean when you say you've been busy working on your case.........

I do pray that you will be victorious in your court battle.

As an attorney, I did just want to say though, that usually a judge just can't retract a decision on their own, they can only react to the pleadings files by the attorneys - otherwise judges would have unlimited power to change things at the drop of a hat after they made their decision- unless of course your attorney was thinking of a particular law where the judge just could have changed the decision on her own.

In my experience, the parties usually ask for a reconsideration of the decision - I don't honestly know why yours didn't - seems like an oversight to me, but anyway, at least you are on your way to having your case heard by an appellate court. Normally, the appellate courts give great weight to the discretion of the trial judge unless the trial judge abused their discretion - at least that is the test here. I really do wish for all the best. The legal system isn't perfect, but it's the best we've got.

Good Luck and many many prayers. K

#738031 10/30/02 11:44 PM
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I'm not surprised. There are lots of things that aren't fair. I praise you for fighting for your children.

#738032 10/31/02 08:24 AM
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Jim, just wanted you to know that I saw this. My thoughts are prayers are with you. Your exW sure knows how to push all of your buttons, Jim. I look forward to the day these manipulations are behind you. In the end, you can only control what you do - not the judges and surely not your exW. You are setting a wonderful example for your kids by standing on the moral principles in which you ferverently believe. As parents, we can deeply effect our children by living within our own moral compass. No matter how this ends, you have modelled your life to your children in the most exemplary way.

Prayers for you, Desiree

#738033 10/31/02 08:26 AM
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Jim,

Best of luck to you my friend. Your X sounds very whacky...even whackier than mine.

I too am back in a legal battle. You may remember my XW and D were allowed to move 3 hours away to CT (I too am in NJ). The visitation agreemnent provided for six (6) visits per month (2 weekends and 4 midweek visits at the meeting point halfway). XW has never honored the midweek part and is unyielding and inflexible on weekends. She throws "no bones" when it comes to holidays, vacations or the weekends so I effectively see my D every 2 weeks, or 4 days per month.

Money, money....and more money...as you can certainly appreciate.

My prayers as always lie with you.

I recently moved into a new home previously occupied by an older couple from Italy. They lived there 45 years. They left many religious articles, palm made into crosses, and many pictures of a St. Franceso di Paulo. He must be from their home town in Italy.

Keep going Jim....fight it tooth and nail.

Jay

#738034 10/31/02 05:11 PM
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Jim,

I can't imagine your frustration. God bless---I hope you can get this straightened out soon.

#738035 10/31/02 06:55 PM
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Jim:

Oouch!! The judges decision was awful. I pray you have the strength and stamina to keep fighting this fight till you win. Certainly you are on the side of righteousness. Good Luck.


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