I’ve decided to consolidate the two subsequent instances of visitation violation into one post, because one of them hardly consists of a paragraph.
The first instance of visitation violation:
On the Father’s day of June 18th, 2017 (a Sunday), my son’s mother had still not gotten the “answers” that she demand regarding a sunburn that my son had received prior; so she, on her own accord, then levied the penalty of not allowing myself to see my son on this same Father’s day as a result. There were no text messages, my son simply didn’t show for the above reason. My son’s mother had the power to hold my visitation hostage for testimony which that she had no cause to acquire, because the County was refusing to enforce my visitation order. My son’s mother could thereby refuse my visitation for whatever reason she wanted.
The second instance of visitation violation:
My visitation wass refused for July 4th, 2017, and here is my describe of that day, as I described in my appeal briefs; I am the Petitioner and my son’s mother is the Respondent:
“1. The Respondent makes demands about visitation for a holiday the day before the holiday. She is unwilling to accommodate the Petitioner with the plans he has made for the child. She subsequently refuses the Petitioner’s visitation for that day. This transpires over text messages, which are annexed hereto as ‘Exhibit c-10-a’.
2. There is not police report for this because the Camillus Police Department was no longer willing to make reports for the Petitioner, as there had become to many and they found that documenting these family mattes of the Petitioner to burdensome.
3. This is in violation of the Order of Custody and Parenting Time entered October 28th 2011.”
Here are the text’s. Commitment means commitment to jail; which by this time the County had already ruled that they weren’t going to do. That fact that the County might start to enforce my visitation order sometime in the future, was the only leverage I had in an attempt try and bring this mess into something that even remotely resembled order.
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 9:14 PM
To: Mike Rotondo
I will be dropping off at 1 tomorrow and picking up at 5
Mike Rotondo <Mike Rotondo>
Mon, Jul 3, 2017 at 9:23 PM
To: Angela Gasparini <Angela Gasparini>
We’ve already made plans so that’s not going to work.
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 9:26 PM
To: Mike Rotondo
Well it’s a holiday
We already made plans
So I guess you should’ve told me
Mike Rotondo <Mike Rotondo>
Mon, Jul 3, 2017 at 9:29 PM
To: Angela Gasparini <Angela Gasparini>
No. You’ll have him at 8:30 to take him for fireworks, which means you’ll effectively have him for the entire holiday.
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 9:33 PM
To: Mike Rotondo
Um no, holidays are split
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 9:33 PM
To: Mike Rotondo
You can contact my attorney with any questions
Mike Rotondo <Mike Rotondo>
Mon, Jul 3, 2017 at 9:39 PM
To: Angela Gasparini <Angela Gasparini>
I have nothing to add regarding tomorrow as what I’ve stated is in compliance with our order. I’m not interested in the
representations of your attorney.
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 9:43 PM
To: Mike Rotondo
Its 1-5
And im not interested in your plans
Holidays are split
That is in the order
Mike Rotondo <Mike Rotondo>
Mon, Jul 3, 2017 at 9:43 PM
To: Angela Gasparini <Angela Gasparini>
I have nothing to add, I’ve made myself clear, stop texting me about tomorrow.
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 9:49 PM
To: Mike Rotondo
Then I will not be dropping off
Mike Rotondo <Mike Rotondo>
Mon, Jul 3, 2017 at 9:53 PM
To: Angela Gasparini <Angela Gasparini>
What if that makes me seek your commitment for 48 hours, instead of the 24 hours that I already am seeking?
Angela Gasparini <Angela Gasparini>
Mon, Jul 3, 2017 at 10:06 PM
To: Mike Rotondo
I’m done being threatened by you
This is all just a game for you
You only do this so you can threaten me? Text me again, I will have you put away tonight. How many times do I have to say leave me alone. This isn’t about SONSNAME so stop
*(I believe at this time my son’s mother contacted my mother in some form. Probably because she was afraid of going to jail, it was likely clear even to herself that the order should be enforced onto her.)*
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 9:18 AM
To: Angela Gasparini <Angela Gasparini>
My mom doesn’t have any control over what I do because you aren’t letting me see SONSNAME. If you don’t like what you’re
exposing yourself to be not letting me see him then ask your attorney to advise you.
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 9:22 AM
To: Mike Rotondo
Will he be available for pick up at 5?
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 9:22 AM
To: Angela Gasparini <Angela Gasparini>
No.
Mike Rotondo <Mike Rotondo>_
Tue, Jul 4, 2017 at 9:23 AM
To: Angela Gasparini <Angela Gasparini>
I’ve planned on taking him fishing, can you drop him off earlier?
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 9:24 AM
To: Mike Rotondo
Holidays get split
You’re not following the order
Have a nice day
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 9:28 AM
To: Angela Gasparini <Angela Gasparini>
I am following the order. If you can have him here by 10 we can be back by 5:30, but you have to tell me that you’ll do
that like within 10 minutes so we can start getting ready. If you can’t do that then you’re the one who’s not willing to split
the holiday. You can’t text me the night before with demands for visitation, that’s not reasonable.
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 9:34 AM
To: Mike Rotondo
I have 2 week old baby. I’m not taking demands from you. I’m not being treated liked this by you. I am unaware of these
times. I will not find out the day of. I can’t do that. I have other things going on. Like a baby. Things a bit more important than tote demands. I can’t
make that happen.
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 9:35 AM
To: Angela Gasparini <Angela Gasparini>
Can you drop off at 11 and pick up at six?
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 9:37 AM
To: Mike Rotondo
I can’t
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 9:37 AM
To: Angela Gasparini <Angela Gasparini>
Then it doesn’t look like he’s coming over.
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 9:40 AM
To: Mike Rotondo
So you’re not taking anything?
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 9:41 AM
To: Mike Rotondo
sounds like a Game you me
You’d rather have no time?
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 9:44 AM
To: Angela Gasparini <Angela Gasparini>
If your going to accept 11-6 I need to know now. If you don’t accept that I’m seeking 48 hours of commitment.
Mike Rotondo <Mike Rotondo>
Tue, Jul 4, 2017 at 10:33 AM
To: Angela Gasparini <Angela Gasparini>
We can pick him up if transportation is the issue.
Angela Gasparini <Angela Gasparini>
Tue, Jul 4, 2017 at 10:45 AM
To: Mike Rotondo
you’re not allowed here
So no thank you
If you don’t want 1-5 than I do apologize
That’s all I can do today
I didn’t see him.
Clearly, the County hadn’t found that my Visitation order was void because those findings were impossible to substantiate; as allowing my son’s mother to be so completely unreasonable, with regard to that same visitation order, is so outrageous that it’s silly.
The court does not like you. This conversation here makes you look bad and no judge that was elected by the people is going to rule in your favor. She simply wanted to adjust the time of visitation and the court understands she has a baby and has a lot more sympathy for her than for you. She didn’t deny visitation she just adjusted the time and because she has good cause and you have no standing, your whole post here is a waste of time and won’t help you…but that’s apparent since it was from already two years ago.
… I was doing everything I possibly could have to try and accommodate my son’s mother’s completely outrageous demands and even then, she won’t stop using my visitation to vice me and wouldn’t let me see my son.
Hunter, the fact that she “made plans”, means that I have to forgo the plans that I had made, for my court ordered visitation?
It’s crystal clear that any court should have been enforcing the order thank you for your comment.
You didnt take in what I said at all. You had no standing. Thats a legal term meaning you cant prove any personal effect on yourself from the motion declaring the time change was unjust. For example…all of those lawsuits against Obama’s birth certificate were “killed” by SCOTUS for lack of standing….they had no effect on the filer. In your case, you cant prove that her changing the times had a bad effect on you or your son in any way. You are filing motions just to harangue the woman…and the court doesnt accept that.
I could have shown from my work schedule that I had been seeing my son on days that were different then the days specified in the order, but the fact that we had changed the days and followed those different days for years wasn’t disputed by my son’s mother or her attorney… So it was a moot point in the case.
The law reads that a change in circumstances can substantiate a change in the order, and that change in circumstances was each of our work schedules. Thanks for your comment.
Michael, I apologize if you have covered this in past posts, but is there a reason why you never retained your own attorney? I know you’ve put in a lot of time and effort to do this on your own. However, based upon the results you’ve gleaned thus far, it seems as though that’s not been enough. I know that attorneys are not cheap, but there are ways of handling that: some offer payment plans, and if you had gainful employment, that would certainly help, as well.
If I may ask, what is your current financial situation with regard to employment/income? Thank you.
In family court, you have the right to an attorney, so if you can’t afford one you may have one appointed to you. I had one, and he said to me that unless I’m willing to disregard some of my considerations for the case(s), I will need to find another attorney or represent myself, so I started representing myself.
Also, I shouldn’t need to be represented by an attorney to achieve a just ruling from the court, as this would mean that if I can’t find an attorney that feels they can represent my sentiments, then I can’t make the case that I want to; and this would be thoroughly unconstitutional as the peoples’ considerations for what justice is, would then be filtered by the attorneys and the courts, making it “their” government.
Regarding your last question, I work I have a job.
I agree with the other commenter completely you do need another lawyer because representing yourself is not working. I can tell you do not have a legal mind just by reading your posts and your documentation. All you are talking about what’s moral and just and that has nothing to do with law.
Than what is law Hunter? Something that puts power into the hands of some but not others??
Yup…now you are starting to get it..
Those aren’t my sentiments Hunter, I was propounding to you my own considerations of your sentiments; Thanks for your comment why don’t you hop on a plane and take a one way trip to North Korea buddy…
Michael, I understand that you have an idea in your head about how things *ought* to be with regard to this situation and how the legal system works. We *all* do. I get that. Our current legal system has many flaws, but until they are addressed, we *have* to work with what we have. One productive way to address this would be to become politically active to change those flaws. I don’t know if this is something you are doing, but it’s certainly worth considering.
Meanwhile, It seems as though you are stubbornly insisting that the world – and the courts – conform to your expectations, and that’s just not how the world works. Yes, there are things you can do to make things go your way in some cases, but you appear not to be willing to do those things: retain a court-appointed lawyer and defer to his/her professional opinion with regard to what is and is not possible given the particulars of your situation. Do what you *can* do, and keep working with a professional legal expert to try to achieve results you find more acceptable .
Digging in your heels, insisting you’re right and everyone else is wrong, and refusing to try something different is not going to get you anywhere. You must realize this, don’t you?
You stated in your response to my last comment that you have a job. Do you mind stating what that job entails?
Thank you.
…If I corroborate the nature in which my matters have proceeded thus far, and it results in myself getting my son back; then how could it be considered that he is then in fact “my” son and not “the courts” son; at best?
Yes I do mind I won’t be sharing what that job entails.
I find it hilarious that you are continuing this site, even though literally every post shows exactly why you are in the position you’re in, and yet you are too ignorant, or stupid, or maybe both, to see that.
I know you may not know this, but you are not a lawyer, you are not a dentist, you are not a doctor, and from your own posts you are not even a good parent. You are not smarter and you do not know more than judges and doctors. Up until 6 months ago you were over 30 still living with your parents and no job. Someone in your position should be thankful everyday that someone was willing to sleep with you, and somehow you convinced them to have a kid. Now you threw it all away because your ego does not match your intelligence.
The mother was right. You should have gotten a job. You should’ve been out of your parents house well before they had to kick you out. You did all of this and you’re too blind to see it.
(I fully expect for you to ignore this as well, just like all the other factual comments that you take offense to. It must be nice to live in the dream world you are in)
It says in my court order that I get visitation, and that it needs to be followed by the mother of my son or there will be penalties. Would you care to explain to me how it is that you believe this isn’t true, instead of simply refuting it? Thanks for your comment.
Just like I predicted you ignored basically everything. Ignorance is bliss, right?
It is not up to you what the punishments should be. You have no right to threaten someone with jail time as that is not in your authority to do so. If you kept your lawyer you might have known how bad that made you look.
I’m still waiting on responses to my multiple paragraphs, but i won’t hold my breath on that
Her attorney can tell her to disregard any threats of incarceration. I was representing myself I can threaten her with whatever filings I want.
I’m not familiar with these same “paragraphs”, I probably decided they were moot.
And you wonder why no one took you seriously?
You even said it yourself. You were threatening her to try and get what you wanted. Clearly it was an empty threat and any lawyer would have told you that. You made yourself look so bad.
And no shit you declared the other paragraphs moot. You have shown time and time again that you are completely ignorant. This website is just proving that with every post, and just like with every senseless news article the failing syracuse.com wrote about you people are laughing. You’re a joke.
wow! unbelievable.
Thanks for your comment.
I said the north korea because your website sounds smart i just dont understand how you can be so stupid… like the way you’re acting in court and on the text messages….unless you’re working for somebody
OK.