motion - please pray

 

FORMER WIFE’S EMERGENCY MOTION TO SUSPEND

OR TERMINATE VISITATION

Former Wife, KIMBERLY O’KIEFFE HARRIS, n/k/a KIMBERLY O’KIEFFE COMBS, by and through her undersigned counsel, files this her Emergency Motion to Suspend or Terminate Visitation and as grounds therefor states as follows:

1. On January 18, 2007, the Mother filed her Supplemental Petition for Modification of Primary Residential Responsibility and Child Support ("Supplemental Petition"). In Paragraph 19 of that Supplemental Petition, Mother stated:

"19. Over the Christmas Holiday of 2006, the Father’s children from the prior marriage, Andy and Josh came to visit, and the Father has advised the Mother that he was going to have them move back to Florida after the school year. The minor child, Ben, currently does not have his own room in the Father’s home and the Mother fears that Ben would be left alone with Josh. The Father had no issue over the holiday of leaving the child with his older step-brother until it was reported to Father’s counsel as to what was happening." [Emphasis added]

2. The Mother has learned that both of the Father’s children from his first marriage, Joshua and Andy, have returned to live with him, having done so on May 31, 2007. This is contrary to the Father’s recent testimony to this Court.

3. For the past two weeks, Jill DeBoth, the Father’s former wife, has been attempting to contact Kim Harris, n/k/a Kim Combs, Mother herein. Jill DeBoth has most recently provided relevant evidence and information concerning her two sons, Andy and Joshua Harris. Both boys, while at her home, engaged in cruelty to animals. Andy threatened his mother and Josh came at her with a pocket knife. Andy was further bed-wetting until after he moved in with his Mother. He, further, was setting fires.

4. Nick is currently staying at his Mother’s residence and wants to remain with her. He has refused to visit with his Father since January of 2007.

5. Ben, the youngest child of the parties who was sexually molested on more than one occasion by his half-brother, Joshua, a child who the Mother now fears has been routinely spending approximately fifty percent (50%) of his overnights with the Father.

6. TheFather has been sleeping with the minor child, Ben, for well over a six-month period, despite the child having his own room until the current time.

7. The Father now, however, has allowed friends to occupy that room. The Mother, accordingly, fears that there is no safe or appropriate bedroom in which the minor child, can sleep, and be protected from the disarray of the household.

8. The Father never took Joshua for court-ordered counseling the last time he resided with the Father. Since living with his biological mother, Joshua received counseling at church, but not from a professional counselor to deal with his issues of sexual deviancy, which the Mother notes as a problem.

9. There are currently too many unrelated people residing in the Father’s household, which does not accommodate a couple and their seven-year-old daughter, two young adult males, Mr. Harris, and his girlfriend.

10. The Father has allowed Andy to stalk his Former Wife and to entice Ben from the Former Wife’s home. The Mother genuinely fears for her own safety, based on the stepbrother’s cruelty to animals, predisposition for violence, bed-wetting and setting of fires.

11. The Mother genuinely fears that irreparable harm will occur to the minor child, Ben, should he be left in the unsupervised care of the Father.

12. There is a need for immediate intervention and emergency relief to prevent further disruption of the minor child’s life, and to prevent even the opportunity for this child to be sexually and/or physically abused.

13. Until such time as the temporary hearings can be concluded, and the ultimate issues of abuse and neglect can be dealt with appropriately, continued chaos in both Nick and Ben’s lives must be averted.

14. It is dangerous physically and emotionally for the minor child, Ben, to be in the care and custody of his Father.

15. It is in Ben’s best interests that he remain with his Mother so long as Josh remains in the care, custody and control of his Father, and, even when Josh reaches his next birthday and becomes 18, so long as he remains a resident of his Father’s home.

WHEREFORE, the Mother prays that this Court enter an Order:

A. Allowing the minor child, Ben, to stay with his Mother without Father’s interference and with only supervised visitation allowed;

B. Or, in the alternative, only allowing supervised visitation between the minor child, Ben, and his Father at a location outside the confines of the Father’s home, and with no contact with Andy and Josh; and

C. Any other and further relief that this Court deems appropriate.