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1 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND MAYA EIBSCHITZ-TSIMHONI, Plaintiff, v Case No. 09-766749-DM OMER G. TSIMHONI, Defendant./ MOTION HEARING BEFORE THE HONORABLE LISA GORCYCA Pontiac, Michigan - Wednesday, August 20, 2014 APPEARANCES: For the Plaintiff: RENEE K. GUCCIARDO (P47884) The Gucciardo Law Firm PLLC 30700 Telegraph Road, Suite 1580 Bingham Farms, MI 48025 (248) 723-5190 For the Defendant: KERI MIDDLEDITCH (P63088) Alexander, Eisenberg, Middleditch and Spilman PLLC 600 South Adams Street, Suite 100 Birmingham, MI 48009 (248) 358-8880 Also Present: WILLIAM LANSAT (P36752) Guardian ad Litem 280 N. Old Woodward Avenue, Suite 250 Birmingham, MI 48009 (248) 258-7074 Transcript Provided by: Accurate Transcription Services, LLC Firm # 8493 (734)944-5818 Transcribed by: Susan G. Johnson, CER 3511

Tsimhoni Vs. Tsimhoni: Full Court Documents In The Tale Of The Jailed Michigan Kids [8 of 13]

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

MAYA EIBSCHITZ-TSIMHONI,

Plaintiff,

v Case No. 09-766749-DM

OMER G. TSIMHONI,

Defendant./

MOTION HEARING

BEFORE THE HONORABLE LISA GORCYCA

Pontiac, Michigan - Wednesday, August 20, 2014

APPEARANCES:

For the Plaintiff: RENEE K. GUCCIARDO (P47884)

The Gucciardo Law Firm PLLC

30700 Telegraph Road, Suite 1580

Bingham Farms, MI 48025

(248) 723-5190

For the Defendant: KERI MIDDLEDITCH (P63088)

Alexander, Eisenberg, Middleditch

and Spilman PLLC

600 South Adams Street, Suite 100

Birmingham, MI 48009

(248) 358-8880

Also Present: WILLIAM LANSAT (P36752)

Guardian ad Litem

280 N. Old Woodward Avenue, Suite 250

Birmingham, MI 48009

(248) 258-7074

Transcript Provided by: Accurate Transcription Services, LLC

Firm # 8493

(734)944-5818

Transcribed by: Susan G. Johnson, CER 3511

2

TABLE OF CONTENTS

PAGE

WITNESSES

None

EXHIBITS RECEIVED

None offered.

3

Pontiac, Michigan 1

Wednesday, August 20, 2014, at 8:47 a.m. 2

* * * * * * 3

THE CLERK: The court calls docket number 11, 4

Eibschitz-Tsimhoni v Tsimhoni, case number 09-766749-DM. 5

MS. GUCCIARDO: Good morning, your Honor. Renee 6

Gucciardo on behalf of the plaintiff, Maya Eibschitz-7

Tsimhoni. 8

MS. MIDDLEDITCH: Good morning, your Honor. 9

Keri Middleditch on behalf of the defendant, who is 10

present to my right. 11

MR. LANSAT: William Lansat, GAL, your Honor. 12

THE COURT: Hi Dad. 13

MR. TSIMHONI: Hi. 14

MS. MIDDLEDITCH: Your Honor, this is the date 15

and time scheduled for my motion. 16

As the Court is well-aware, I was not here last 17

week. My partner, Amy Spilman, covered for me; and the 18

Court issued an order requiring, among other things, that 19

mother provide when she purchased her flight information--20

provide her flight information, when she purchased the 21

tickets, when she changed the plans, et cetera. 22

To be specific, mother was to provide proof to 23

the defendant and the guardian ad litem of when her August 24

2014 travel arrangements to France were made, including 25

4

the date of purchase and any rescheduling, return date, 1

and specific actual flight information by Monday, 2

August 18, 2014. 3

I did receive an e-mail from Ms. Gucciardo on 4

Monday after five o’clock with what purports to be flight 5

information. It doesn’t tell me anything. There is a 6

date on here that says April 28, 2014, which I know can’t 7

be true. 8

I came back here a couple of days ago to watch 9

the video from June 4th when we were here. And on June 10

fourth, I’m sure you recall, I filed a motion to get my 11

client some parenting time because he gave 45-days’ notice 12

and Ms. Gucciardo said my client informed you--my client 13

informed you that she was going out of town. And I said, 14

that’s true, she did. My client responded he’s coming. 15

And Dr. Eibschitz-Tsimhoni said, Sorry, I’m going to be 16

gone the whole summer. And you said, No, he’s going to 17

have parenting time with his kids. So he came in on 18

June 14th and he had parenting time. And as this Court 19

well knows, it didn’t go well; we were back here a number 20

of times while he was here at that time. 21

Ms. Gucciardo had obviously spoken with her 22

client and repeated what her client was saying, that she 23

was supposed to be leaving June 14th, she was leaving 24

June 14th and she was going to be gone for the rest of the 25

5

summer, her father was dying, they were going to Italy. 1

Well, these tickets could not have been 2

purchased on April 28, 2014, to leave August 9th and come 3

back August 20th. Couldn’t have been. Couldn’t have been. 4

It was contrary to the representations that plaintiff made 5

when she was here on June 4th. Clearly she changed them. 6

I don’t know when. She has not complied with the court 7

order. 8

And, and, so when I indicated to Ms. Gucciardo, 9

I’m sorry, we’re still going to have to go to court 10

because you have not complied--your client has not 11

complied with the Court’s order. 12

Now I talk to Mr. Tsimhoni, he was scheduled to 13

be here until August 28th. And he said he talked to Maya 14

who said she was coming back here on the 20th. Ms. 15

Gucciardo represented to me that her client plans on 16

flying to L.A. to see a melanoma specialist for her dying 17

father. I have no flight information to confirm that. I 18

don’t know when that ticket was booked. I don’t know why 19

she--when she’s going, what--when she booked such travel 20

plans. I certainly don’t understand why the three minor 21

children have to go to L.A. to see a specialist for their 22

grandfather’s cancer. 23

So I said to Ms. Gucciardo in an e-mail 24

yesterday: Could we at least agree on a couple of days of 25

6

parenting time? Ms. Gucciardo responded to me yesterday 1

evening at 8:30. I got the e-mail this morning. I 2

contacted my client. Ms. Gucciardo said, Well, we could 3

have a couple of days of parenting time; will you please 4

remove your motion from the docket? No, I will not remove 5

my motion from the docket. 6

Dr. Eibschitz-Tsimhoni has not complied with 7

this Court’s order. She hasn’t done it. And I want 8

attorney fees. I want $3,000 in attorney fees. I’ll 9

swear to the fees that were acquired, filing this motion, 10

having to appear here last week, having to be here this 11

week. It’s ridiculous. 12

I never got my--My client never got, the 13

guardian ad litem never got, an itinerary for the trip. 14

She wasn’t even allowed to go because she didn’t provide 15

it. I don’t care if Mom told-- 16

THE COURT: Any other relief besides the 3,000? 17

MS. MIDDLEDITCH: I want the parenting time here 18

at the courthouse for the next few days. 19

I also want the Court to be aware that my client 20

has had a number of conversations with plaintiff. And my 21

client tells me that he told Maya: I’m willing to stay 22

here, extend my trip, if you want me to see the kids when 23

you come back from L.A. She insists that she is coming 24

back September 1st, the day before school starts. I’ve 25

7

seen no proof of a thing. 1

So I understand that he didn’t give his 30 days’ 2

notice. All I ask is for some parenting time. And you 3

know what? I never got an itinerary. She never said when 4

she was going. She never, ever provided the details that 5

this Court required, and that he’s entitled to as a joint 6

legal custodian. 7

MS. GUCCIARDO: Well, I wonder when an 8

attorney’s word means something. That’s what I’d like to 9

know. And when it means something when we’re in court and 10

we make agreements and orders are issued, because when we 11

were in court back in June, we talked about where Dr. 12

Tsimhoni was going to be. And we said on the record that 13

she was going to be gone until the end of July. Okay? 14

And this Court said, and Ms. Middleditch said, I don’t 15

care, she can be gone for the rest of the year, as long 16

as--since he’s--since Mr. Eibschitz (sic) doesn’t live 17

here, since Dad doesn’t live here, she can be gone for the 18

rest of the year. It doesn’t matter ‘cause it doesn’t 19

interfere with his parenting time. 20

Now, Ms. Middleditch filed a motion last week. 21

And under the court rules, she’s supposed to swear and 22

confirm that the information is true. It says in 23

paragraph 15: To date, plaintiff mother has not provided 24

the trip itinerary or the Bar Mitzvah plans as required by 25

8

the Court’s order on June 14th of--June 4, 2014. 1

Now, that’s an interesting allegation ‘cause 2

it’s presumed to be sworn is--is--as presumed under the 3

court rules to be accurate. And I would note that back on 4

June 6th, two days after we were in court, I sent Ms. 5

Middleditch an e-mail; and I said to her--I thanked her 6

for providing the documents for--finally for Ms.--for Mom 7

to secure passports for the children. And I said, Maya 8

will be leaving with the children on June 28th to meet with 9

her dying father in Italy, and will be there for the 10

duration of the summer. June 6th this was sent. 11

Now, Ms.-- 12

THE COURT: Where’s the itinerary? 13

MS. GUCCIARDO: Hold on. Ms. Middleditch-- 14

THE COURT: I’m not--I’m not holding on. 15

MS. GUCCIARDO: --Ms. Middleditch-- 16

THE COURT: I’m not holding-- 17

MS. GUCCIARDO: --writes back-- 18

THE COURT: --on. Where is the itinerary? 19

MS. GUCCIARDO: I’m telling you. That’s what--20

I’m telling you. It’s in here. 21

On June 8th Ms. Middleditch, this was at 9:11 on 22

a Sunday night, responds to me that she would like some 23

clarification regarding the Bar Mitzvah. And her only 24

response regarding where Ms. Eibschitz is going is, Will 25

9

you provide--Will you please provided--provided more 1

details about the trip to Italy? My client is entitled to 2

know where in Italy the children will be and where they 3

will be staying. Last summer during your client’s travel, 4

the children had no communication with their father. This 5

cannot happen again. 6

I respond to her on June 10th, and I say, 7

regarding the Bar Mitzvah--Now, remember, the allegation 8

here last week is to date plaintiff has not provided any 9

Bar Mitzvah plans as required by the June 4, 2014, order. 10

Regarding the Bar Mitzvah, Maya agrees that Omer--with 11

Omer that it’s very important that Liam have a Bar 12

Mitzvah; however, due to her father’s grave health 13

conditions, she does not have any immediate plans on when 14

this will occur, as she needs to deal with her father’s 15

health situation. Maya will keep Omer updated on the 16

ceremony. 17

So, here we go. So, first of all, allegation: 18

never provided information about the Bar Mitzvah. 19

Completely false. It was provided on June 10th. 20

Then I go on to say, Maya is going to be staying 21

at Lago di Garda. As she has done in prior years, she 22

will arrange an international access to her phone number, 23

and provided the phone number, so that Omer may call the 24

children, just as he has been able to do in the past. 25

10

Now, that was the end of it. There was nothing 1

ever requested from the GAL or from Ms. Middleditch saying 2

that’s not enough, I want more information. Nothing. 3

That was it. 4

So, based upon this, she provided the 5

information; and she was under the belief that she could 6

go. And pursuant to what was said in court and what was 7

said in this June 6th notification, she believed she could 8

make plans for the duration of the summer. 9

Now, her time was moved because, again, even 10

though she had been the first person on May 1st to give her 11

plans for the summer, she was ordered by this Court to 12

change her plans to accommodate Mr.--to accommodate Dad’s 13

request that he be allowed to exercise parenting time with 14

the children. So all that had to be changed. 15

She abided by the Court’s order. She changed 16

her plans. And Dad was allowed to have parenting time. 17

Because of that, the father’s health condition declined. 18

She wasn’t able to leave. And she was--they had to delay 19

get--they couldn’t get out because of the war going on in 20

Israel. 21

Now, her sister had provided these--purchased 22

these tickets for the family back on April 28th; however, 23

nobody knew because of the dad’s condition whether or not 24

these--the mother and the children were going to be 25

11

allowed to go to France on August 8th. But the tickets 1

were purchased on April 28th. 2

Mom is required to provide the itinerary, which 3

she did. She provided the itinerary. She advised that 4

she was going to be out of town. She provided the 5

itinerary on June 10th. Nothing was objected to. 6

Everybody knew she was going to be out of the country for 7

the rest of the summer. And she made her plans 8

accordingly. 9

Now, should she have advised the father that she 10

was also going to France? She should have. And she did. 11

But this whole thing was manufactured by Dad because he 12

knew, as of June 6th, that Mom was going to be gone for the 13

rest of the summer. 14

Mom has a right to rely on what this Court says, 15

what the attorneys agree to, what the GAL agrees to. All 16

of this was put into writing. And she has a right to rely 17

upon that and make her plans accordingly. 18

Dad, again, throws a wrench in her plans, even 19

though every single person, this Court, Ms. Middleditch, 20

the GAL, myself, all said, yes, you have the rest of the 21

summer with your children. She made the plans 22

accordingly. 23

She has fully complied with providing the 24

documentation that she was ordered to provide. She 25

12

provided the itinerary. And her sister purchased these 1

tickets on April 28th. And she made plans to go to enjoy 2

the rest of her summer, which was agreed upon back on June 3

sixth. 4

So, the motion says that no itinerary was given. 5

The motion says information about the Bar Mitzvah was not 6

given. That is false. If the GAL or Ms. Middleditch did 7

not think that that was a sufficient itinerary back on 8

June 6th, then either one of them should have said, hey, 9

not sufficient itinerary. They didn’t say anything about 10

it. She was supposed to leave June 28th. They don’t 11

complain at all until Dad all of a sudden says, Oh, I know 12

that Maya said that she’s going to be gone this summer, 13

but I’m going to come in on August--in August and throw a 14

wrench in this whole thing. 15

I contacted Ms. Eibschitz. She’s over--She’s in 16

Europe. She’s coming back on--today. I said, Will you 17

agree to delay going to California, she’s a doctor, too, 18

to talk with these specialists about your father’s 19

condition? We agreed to do that so that Omer can have his 20

parenting time, because that’s what Ms. Middleditch asked 21

for. She sends me an e-mail: Will your client agree that 22

Omer can see his children for a few days before this 23

weekend? I say yes. Get rid of the motion. She says, 24

no, we’re still going to be here. Why? To rack up more 25

13

attorney fees? To again try and vilify Maya in front of 1

you because she knows that every time she comes in here, 2

she gets crucified. 3

I don’t understand how it is that we have very 4

specific orders that were put in place regarding traveling 5

plans, regarding what’s said on the record when people can 6

travel, and how Mom is supposed to comply to the “t” about 7

these, but Dad can do whatever he wants. Orders are 8

changed. She has to change her vacation plans over and 9

over again. And yet she’s the one that’s required to pay 10

attorney fees. She’s the one that’s vilified. And Dad is 11

given a medal of honor for violating orders time and time 12

again. 13

And again, I want to know when officers of the 14

court’s word mean something and when our client--my client 15

can rely upon what is said in open court, when her 16

attorney gives notice and nobody gives--objects to the 17

notification, and when she can rely on those things to 18

make plans, because, obviously, my word with her is nil, 19

because I told her you can go for the rest of the summer. 20

And that’s not true. So I would like some clarification 21

on that. Or does it just mean that Mom is held to the 22

orders but Dad can do whatever he wants? 23

And I want attorney fees for being here, because 24

this is absurd. 25

14

THE COURT: Ms. Middleditch, you or Mr. Lansat? 1

MS. MIDDLEDITCH: Can I just briefly respond? 2

When my client told me he was coming in this 3

time, he told the guardian ad litem, we sent it to Ms. 4

Gucciardo, and we sent it to--the guardian ad litem, I 5

didn’t, sent it plaintiff. She never responded that she 6

was going to be gone. Never said it. In fact, my client 7

talked to her and said I’m coming here; you know, I’m 8

looking forward to seeing the kids. She never said a 9

word. 10

Her saying that she’s going to Italy and staying 11

at some hotel is hardly an itinerary. Hardly. I never 12

got flight information. Nothing. And I first requested 13

it. And when Ms. Gucciardo responded, all she said was a 14

hotel. That’s not enough. And I don’t have to keep 15

asking 57 times for her to comply with the court order. 16

I’ll file a motion. I’m done. 17

Secondly, she never provided flight information 18

until Monday after five o’clock that she’s in Paris? It’s 19

the first I’m hearing of it. Paris? This is ridiculous. 20

I want $3,000 in attorney fees. 21

THE COURT: All right. 22

MS. MIDDLEDITCH: This woman plays with the 23

system. 24

THE COURT: Mr. Lansat? 25

15

MR. LANSAT: Your Honor, you ordered on August 1

13th--You didn’t say she couldn’t go. You ordered an 2

itinerary to be provided. You ordered it on August 13th. 3

THE COURT: Actually, I thought I ordered it on 4

June 4th. 5

MR. LANSAT: No, August 13th was a subsequent 6

motion-- 7

THE COURT: But I-- 8

MR. LANSAT: --because we found out-- 9

THE COURT: But I-- 10

MR. LANSAT: --she was going to be going away 11

when he was coming in. 12

THE COURT: But on June 4th I ordered she is not 13

permitted to travel out of the country with the children 14

unless and until she provides the travel itinerary to 15

father. 16

MR. LANSAT: And then you (indiscernible) 17

another order on August 13th, following a motion. And 18

that, I think, is what the dispute was last week, where I 19

think the information was provided to you, and it--you 20

said it wasn’t an itinerary. 21

Having said that, I don’t know how in April she 22

could have bought tickets for the recent trip when you 23

didn’t even know she wasn’t going to go on the first trip. 24

That’s just a little disconnect for me. I don’t know how 25

16

you explain it. 1

Listen, this case for four years, due to the 2

wonderful representation of Ms. Gucciardo, God love her, 3

this woman should pay her $20 million. She’s never come 4

to court until you told her to come to court. 5

The parenting time is abysmal. It’s a joke. 6

And all I want from this--You can decide this 7

itinerary and the cost. That’s your call. I just want 8

for the last--for the two days, Thursday and Friday, that 9

this father gets parenting time, it’s done here with the 10

monitor in the jury room, and be done with it. We’ve 11

tried everything else. It isn’t working. 12

And these kids should not come back the day 13

before school starts, from L.A. or anywhere else. That’s 14

ridiculous. 15

THE COURT: All right. The Court agrees with 16

you, Mr. Lansat. And the Court agrees with Ms. 17

Middleditch. 18

Mom was ordered by me in June to provide an 19

itinerary. It was off--I--I--Dad should have known before 20

April 28th about these tickets being purchased for a trip 21

in August. That was not told to this Court. It was a 22

complete not representation by Mom when apparently we 23

argued this and she never told anybody that--anything 24

about France, anything about anything. I also ordered 25

17

that she should be here, she must be here, unless she’s 1

excused. She’s not excused. 2

MS. GUCCIARDO: She’s in Europe. 3

THE COURT: She’s not excused. 4

Ms. Middleditch, you are entitled to your 5

attorney fees. Dad should not have had to spend one penny 6

on this. Please provide a detailed billing to-- 7

MS. MIDDLEDITCH: I will, your Honor. 8

THE COURT: --Ms. Gucciardo. 9

MS. MIDDLEDITCH: I’ll provide it by the end of 10

the week. 11

THE COURT: Mom is to return and let Dad have 12

the travel--the two days’ parenting time here in the jury 13

room or wherever else Dad chooses. 14

MR. LANSAT: Well, I think the only way it’s 15

going to work is all these kids come up here with the 16

supervisor, take one child into the room, lock the room 17

with the supervisor, with the father, and have some 18

meaningful parenting time. They’re not in school. It 19

shouldn’t be today ‘cause the kids are obviously just 20

getting back. That would not be fair, obviously. It 21

should start tomorrow and Friday. And then if Mom wants 22

to go to Los Angeles to help her father, she should be 23

able to do that. That’s not an issue. I just don’t think 24

the kids should come back the Monday before school starts. 25

18

MS. GUCCIARDO: You know what? She’s the 1

parent. And she knows what her kids can and cannot do. 2

So--And she knows that the kids are ready for school. 3

That’s not up before the Court. The GAL hasn’t talked to 4

the kids in years, with all due respect. 5

MR. LANSAT: No, I did speak to the kids at-- 6

MS. GUCCIARDO: And he doesn’t know if they’re 7

going to be capable of being ready for school or not. 8

THE COURT: I think that-- 9

MS. GUCCIARDO: The mother, primary caretaker, 10

knows when their kids are ready or not. 11

But I do--I want to know--I want it addressed 12

about the allegations to date, in this motion that was 13

filed, on August 8th: Plaintiff mother has not provided the 14

trip itinerary or the Bar Mitzvah plans as required by the 15

Court’s order of June 4th, when this was provided, and 16

nobody objected to it, nobody said that there was a 17

problem, and the Bar Mitzvah information was provided. 18

What is--When is it that an attorney’s word means 19

something? And when is it that Maya can rely on what’s 20

said in court? Because she provided the information. 21

THE COURT: All right. Well, I’ve ruled. 22

And Dad, I expect you to follow the court 23

orders. 24

I expect mother to follow all the court orders 25

19

and to re-read what joint custodian means. And Mom needs 1

to have complete full disclosure or Mom is going to like 2

this Court not at all. 3

MS. GUCCIARDO: So--All right, so we-- 4

MR. LANSAT: What time do you want it tomorrow? 5

MS. GUCCIARDO: --can just write whatever we 6

want in motions, even though it’s not true? 7

THE COURT: What time would you suggest? 8

MR. LANSAT: And by the way, your Honor, I saw 9

the kids in July in my office for about three hours. 10

So what time do you want to have them here with 11

the supervisor? 12

THE COURT: What works for you, Dad? 13

MR. TSIMHONI: Whatever works for them, I’ll 14

clean my--clear my schedule. 15

They’re coming in at 2:00 p.m., so I’d say 16

probably tomorrow, not early in the morning. 17

MS. GUCCIARDO: Have them be here at 10:00 a.m. 18

Have them spend the whole day here. It’ll be great. 19

It’ll do wonders for the relationship. 20

MR. LANSAT: Your Honor, the relationship, it’s 21

nonexistent. 22

THE COURT: Dad, I give you a lot of kudos for 23

continuing this horrible fight that you’ve been fighting 24

all these years and such an uphill battle and a lot of 25

20

parents would have thrown in the towel. And one day, 1

hopefully, you will have the relationship you deserve. 2

MR. TSIMHONI: Thank you. 3

MS. MIDDLEDITCH: So parenting time will 4

commence at 10:00 a.m., both Thursday and Friday, here in 5

the jury room? 6

MS. GUCCIARDO: Have it go all day. Enjoy. 7

It’ll be fun. 8

THE COURT: That would be great if it is good. 9

MR. TSIMHONI: Thank you. 10

THE COURT: I hope that it does. 11

I hope Ms. Gucciardo is honest when she says 12

those things, and that that does happen. That would be 13

wonderful for your children’s entire life to have a good 14

relationship with you. 15

MS. MIDDLEDITCH: I’ll draft the order, your 16

Honor. 17

THE COURT: And have a nice parenting time. 18

MS. GUCCIARDO: It’ll be fun. 19

THE COURT: Feel free if you want--We can give 20

you an order, if you want to bring in, like, games or 21

computer, or whatever--however you want to do it. 22

I also want-- 23

You’re supposed to be having Skype. And it’s 24

unacceptable when Mom goes to North Carolina and she 25

21

doesn’t have Skype because there’s no internet. So she’s 1

going to have to buy one of those Hotspots, those routers. 2

She’s been traveling all over the world. That’s lovely 3

for the children. So she can definitely afford a $30-a-4

month fee. It’s a little HotSpot. You can get them at 5

any cell phone company, Target, so that she-- 6

MS. GUCCIARDO: She’s been complying with Skype. 7

THE COURT: --has-- 8

Well, in here I read in one of the exhibits that 9

said she’s being--She’s being nice. I love--I think that 10

was wonderful that Dad put that in there. But she--he 11

wasn’t able to do Skype in North Carolina because she was 12

traveling to a place that didn’t have internet. So if she 13

had the Hotspot, she’d be able to have internet wherever 14

she goes. Like, you can just put it in your purse. 15

MS. GUCCIARDO: This Court will recall that Dad 16

was supposed to have his computer checked by the court-17

appointed expert who was appointed by-- 18

MR. LANSAT: That was (indiscernible)-- 19

MS. GUCCIARDO: --the GAL and he refused to do 20

it. Refused to do it. 21

MR. LANSAT: That-- 22

MS. GUCCIARDO: So again, Dad gets to do-- 23

THE COURT: (Indiscernible) think about that? 24

MS. GUCCIARDO: --whatever he-- 25

22

MS. MIDDLEDITCH: Actually, the guardian ad-- 1

MS. GUCCIARDO: --whatever he wants to do,-- 2

MS. MIDDLEDITCH: --litem could speak to that. 3

MS. GUCCIARDO: --disregards court orders; and 4

then all of a sudden, here we are, Mom’s getting in 5

trouble again. 6

MR. LANSAT: Mother hasn’t-- 7

MS. GUCCIARDO: Mom-- 8

MR. LANSAT: Mother hasn’t followed anything, 9

either. The Skype thing--The expert--The expert-- 10

MS. GUCCIARDO: So Dad just gets away with it. 11

MR. LANSAT: The expert was way back when. We 12

put in Mr. Gallagher, the supervisor who’s here who 13

authored those reports, to go to the home and determine 14

what’s happening with the Skype. So there has been times 15

when the Skype has been going. The independent thing 16

doesn’t need to happen anymore because we have Mr. 17

Gallagher there. And if thinks there’s a problem, then 18

he’s going to tell both of them what needs to be done. 19

THE COURT: This--Dad, there is another judge in 20

this court that--courthouse that likes to say this story: 21

She had a very contentuous--contentious divorce and Dad 22

was vilified for years by Mom. And when the child turned 23

sixteen, the child got his license and the first place he 24

drove was to see that judge and say, Judge, my dad is not 25

23

horrible and I want to see my dad. So that’s a very 1

interesting story that I think about a lot. 2

MS. MIDDLEDITCH: The Hotspot is supposed to be 3

a part of this Court’s written order? 4

THE COURT: If North Carolina was because 5

there’s no internet for anybody, no. But if North 6

Carolina is--they--the hotel she’s staying at just didn’t 7

have the access, yes. 8

MS. GUCCIARDO: Well, I want to be able to 9

respond to it. 10

THE COURT: Yes. 11

MS. GUCCIARDO: This wasn’t even brought up. 12

THE COURT: Well, this is my--this was-- 13

MS. GUCCIARDO: And it puts me in a-- 14

THE COURT: --this was--this was mine. 15

MS. GUCCIARDO: --terrible position ‘cause I 16

have no idea how I’m supposed to respond to that. 17

THE COURT: Well, I would like Mom not--If Mom 18

is going to travel where there’s not internet access, 19

she’s going to have to get that little router so that 20

there is internet access, because otherwise how can she be 21

having--how can he be having Skype? So she has to have 22

Skype. 23

MS. MIDDLEDITCH: Thank you, your Honor. 24

MR. TSIMHONI: Thank you, your Honor. 25

24

THE COURT: We’ll see you tomorrow, Dad. 1

And if you need an order to bring anything in, 2

so . . . Yeah, you can just do--You can just write on the 3

order that Dad is allowed to bring-- 4

MS. MIDDLEDITCH: Electronic devices in? 5

THE COURT: --electronic devices in. 6

Just no weapons, Dad. 7

MS. MIDDLEDITCH: Okay. 8

MR. TSIMHONI: I don’t have (indiscernible). 9

THE COURT: Or like food or something fun. 10

MS. MIDDLEDITCH: Okay. Thank you, your Honor. 11

(At 9:11 a.m., proceedings concluded) 12

* * * * * *13

25

STATE OF MICHIGAN )

COUNTY OF OAKLAND ) ss.

I certify that this transcript is a true and accurate

transcription to the best of my ability of the proceeding in

this case before the Honorable Lisa Gorcyca, as recorded by the

clerk.

Proceedings were recorded and provided to this

transcriptionist by the Circuit Court and this certified

reporter accepts no responsibility for any events that occurred

during the above proceedings, for any inaudible and/or

indiscernible responses by any person or party involved in the

proceeding or for the content of the recording provided.

Dated: September 1, 2014

___/S/ Susan G. Johnson_____________

Susan G. Johnson, CER 3511