I had filed another motion to enforce my Custody and Visitation Order onto my son’s mother, by asking again, for the court to send her to jail for violating that same order.
Considering the police weren’t willing to make any more reports, the only way for me to continue my attempts to be my son’s father without any further unsubstantiated, immoral, unjust, and significantly disenfranchising obstruction; was for me to get the court to enforce the operative order, for my custody and parenting time.
Here below, I have taken an excerpt directly from my appeal briefs; those same appeal briefs which I had filed in an attempt to get my son back after the County took him from me. Therein, I’m the Petitioner and my son’s mother is the Respondent:
‘Michael J Rotondo, affirms under the penalties of perjury as follows:
1. On July 24th 2017 the Petitioner contacts the Respondent about the following day, which is a visitation day for the Petitioner per the Order of Custody and Parenting Time however, this is also a day where the Petitioner and the Respondent have a court date, for the hearing of a motion on the commitment of the Respondent.
2. In the text messages annexed hereto as “Exhibit c-12-a”, the Respondent describes how having to go to court for the hearing on a motion is not convenient for her, and because of how inconvenient this court date for July 25th 2017 has made her she will be unable to comply with the Order of Custody and Parenting Time entered October 28th 2011.
3. It is the overwhelming belief of the Petitioner that the Respondent refused the Petitioner’s visitation time for July 25th 2017 to punish the Petitioner for his motion for the commitment of herself being heard on this day.
4. 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.
5. This is in violation of the Order of Custody and Parenting Time entered October 28th 2011.’
My appeal briefs were thrown together as quickly as I could, in an attempt to get my son back as soon as possible…
Here are the texts:
Mike Rotondo <Mike Rotondo>
Mon, Jul 24, 2017 at 11:14 AM
To: Angela Gasparini <Angela Gasparini>
So tomorrow we have a court date after 1 so obviously I won’t be able to take him until later. I can text you when I get
home so you’ll know when he can be dropped off.
Angela Gasparini <Angela Gasparini>
Mon, Jul 24, 2017 at 11:31 AM
To: Mike Rotondo
That won’t work
None of this is convenient for me
I’m between work,a baby, and child care for court dates. Won’t be able to do it.
Mike Rotondo <Mike Rotondo>
Mon, Jul 24, 2017 at 11:32 AM
To: Angela Gasparini <Angela Gasparini>
Then I can pick him up, or meet you someplace.
Angela Gasparini <Angela Gasparini>
Mon, Jul 24, 2017 at 11:40 AM
To: Mike Rotondo
That won’t work as I will be returning to work
While at this time I don’t remember him failing to show up on the 25th, I can’t imagine that he did, and also it says that he didn’t in my appeal briefs.
Here’s the dismissal order. I don’t remember what I had filed on the 16th, and I don’t know why there were multiple identical docket numbers.
**UPDATE**
The motion I filed on July 16th must have been the original motion for commitment; and the motion filed on the 25th must have been from my son’s mother’s unwillingness that she had described through text message, to provide me with my son later that same day.
You did a good job here, Mr. Rotondo…. Except at the very end you say you don’t remember if he was dropped off or not on the 25th! That just invalidated your whole motion! Why did you say that? And if you knew you didn’t remember then why did you bother to file this whole motion and then post it?
Can you please answer the question not just for me but for everybody who follows this…. why did you make a motion and then say at the end that you don’t remember? Courts are a trier-of-fact you make statements and give facts under oath…. and then ask for a response…. this is what your whole argument was about….why did you then invalidate the whole motion by saying you didn’t remember? Either he showed up or he didn’t… either she violated the order or she didn’t… I mean can you please enlighten us what this is all about?
It’s clear the way it is Hunter.
YOU SAID YOU DID NOT REMEMBER…that is not clear to me or to any court on this planet. You not remembering is not good enough of a burden of proof to arrest somebody!!! Are we in grade school here???!!!
“While at this time I don’t remember him failing to show up on the 25th, I can’t imagine that he did, and also it says that he didn’t in my appeal briefs.”
What does this quoted text mean Hunter?
What it means is that at this time you cannot recall whether your son and Angela showed up or not on the 25th but you think and imagine your own mind that they did….but you are not certain… that’s what that means. That is not a good enough proof for the judge to rule in your favor and arrest her. Mr. Rotondo, what exactly do you want them to do? Arrest her and confuse your son because you think she didnt show up but you are not sure? And it says in your briefs that she didnt, but still you arent confident enough to risk a perjury charge to say under oath that she didnt. So you’re definitely concerned enough about your own skin going to jail…. but you still want to file this appeal….for what purpose?
If you cant remember at the end of the day ….if you cant remember the facts of the case than your motion was rightly dismissed
Hey…retard….i told you what it means and you dont post it? Answer my question what is your argument here I’m trying to be on your side but you’re like a little kid and you don’t really have any argument and you can’t defend it come on man what is your freaking argument?