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, March 4, 2015
APPEARANCES:
For the Plaintiff:

ANDREW M. BOSSORY (P74364)

2400 South Huron Parkway
Ann Arbor, Michigan 48104
(734) 327-5030
RENEE K. GUCCIARDO (P47884)
30700 Telegraph Road, Suite 1580
Bingham Farms, Michigan 48025
(248) 723-5190

For the Defendant:

KERI MIDDLEDITCH (P63088)

600 South Adams, Suite 100
Birmingham, Michigan 48009
(248) 358-8880

Guardian Ad Litem:

WILLIAM LANSAT (P36752)

280 North Old Woodward, Suite 250
Birmingham, Michigan 48009
(248) 258-7074

Transcription by:

Sandra Traskos, CER 7118

Accurate Transcription Services
(734)944-5818
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TABLE OF CONTENTS
PAGE

WITNESSES
None

EXHIBITS

RECEIVED

None offered.

Pontiac, Michigan

Wednesday, March 4, 2015 - 12:01 p.m.

* * * * * *

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5

THE CLERK:

Tsimhoni vs. Tsimhoni, case number

09-766749-DM.

MS. MIDDLEDITCH:

Good morning your Honor, Keri

Middleditch on behalf of the Defendant, Omer Tsimhoni, who

is present to my--well hes approaching.

THE COURT:

10

MR. BOSSORY:

Good mor--good afternoon.

Good mor--or good afternoon your

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Honor.

Andrew Bossory appearing along with co-Counsel

12

Renee Gucciardo on behalf of mother, Maya Eibschitz.

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THE COURT:

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MR. LANSAT:

Morning.
Your Honor, morning, Im William

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Lansant, GAL.

I wanted to say for the record your Honor

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that weve worked it--weve worked out a--dad has moved

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back.

Weve worked out a--

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THE COURT:

Im so happy youre back.

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MR. LANSAT:

--yeah we worked out--

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THE COURT:

21

MR. LANSAT:

Welcome back.
--a proposed parenting plan.

Wed

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like to come back in 30 days.

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gonna request to adjourn the show cause for 30 days which

24

is fine, to see how this is going.

25

compliment miss--Mr. Bossory on the case.

3

I think Ms. Middleditch is

I do want to
Hes been very

professional in working with everybody.

THE COURT:

MR. BOSSORY:

MR. LANSAT:

THE COURT:

MR. BOSSORY:

MR. LANSAT:

Obviously--

Welcome.
Thank you Judge.
--Ms. Gucciardo too-Its nice to see you.
Nice to meet you Judge.
--but hes been documenting visits

and helping us out so hes been an asset here.

wanna put this on the record and hope this thing works in

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30 days.

But we do need a date.

11

MS. MIDDLEDITCH:

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MS. GUCCIARDO:

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we were thinking-MR. BOSSORY:

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MS. GUCCIARDO:

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THE COURT:

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My unders-But probably not on a Wednesday,

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So we

Oh--yes.
--just cuz its so chaotic.

I think Wednesday mornings would be

that good.
MS. MIDDLEDITCH:

Your Honor if I may, I do

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believe weve reached an agreement.

Um--the order to show

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cause the Plaintiff I--Im asking that it be adjourned 30

21

days to a date mutually convenient for the parties and

22

attorneys here.

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Defendant father shall have parenting time with the

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children pending the review hearing as follows: every

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Saturday with Natalie and Roey (ph) from six to nine p.m.,

Um--I believe the agreement is that

every Sunday with Liam from 11 a.m. to 2 p.m., and there

will be a mid-week dinner every other week to be

coordinated with Art Gallagher in contemplation of the

childrens activities.

supervising the parenting time.

responsible for transporting the children to and from the

parenting time.

shall transpire on my Defendants home--or at my clients

home--or the Defendants home.

Art Gallagher shall continue with

Um--Plaintiff shall be

Um--the parenting time on the weekends

I suspect that the mid-

10

week parenting time will occur at a restaurant or what

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have you for a mid-week dinner.

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Um--I am concerned about a couple of things.

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Um--I believe that accurately states our agreement.

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believe theres already an entered order with the Court

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regarding joint legal custody.

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home and weve talked about this--gone to the school to

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access records.

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client into a special room, away from the kids, because

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clearly they are aware of supervised parenting time and

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have some sort of notion of my client um--not being

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allowed to have unsupervised parenting time.

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attached to my motion a proposed joint legal custody

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order.

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days--

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My client has gone to the

Schools very concerned and takes my

So um--I had

Im asking that that also be adjourned for 30

THE COURT:

Okay.
5

MS. MIDDLEDITCH:

--and were gonna try to work

something out but thats what gives rise to my concern as

a matter of full disclosure.

MR. BOSSORY:

THE COURT:

May I respond to that point Judge?

She just wants to put it off 30

days, is that okay?

MR. BOSSORY:

THE COURT:

Um--the other thing--

Sure that--thats fine.

Unless you want me to grant her

motion right now?

10

MR. BOSSORY:

Oh no I would just like to put a

11

response on the record.

I have no information about the

12

schools involvement and if there are concerns or issues I

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would ask that be provided by Counsel so I can address it

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and make sure that everythings out in the open.

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MS. MIDDLEDITCH:

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THE COURT:

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MR. BOSSORY:

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THE COURT:

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MS. MIDDLEDITCH:

I just put it out there.

If necessary sure-Thank you Judge.

--sure, absolutely.
Um--the other thing is in the

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event that--I know were gonna schedule a review hearing

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in 30 days and well get a date from your clerk and Ill--

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Im happy to put that in the order but if things go south

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for lack of a better phrase, I dont wanna wait 30 days.

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THE COURT:

No youd come right away.

motion.
6

Emergency

MS. MIDDLDITCH:

So--and could--could I just

contact your clerk and well try to coordinate something

ASAP?

THE COURT:

MR. BOSSORY:

THE COURT:

MR. BOSSORY:

We will put you--

And just---a--first date possible.

--and just to put that out there.

One of the things that we had proposed--

9
10

Mm-hmm.

THE COURT:

And same with you--we would do the

same for you.

11

MS. GUCCIARDO:

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MR. BOSSORY:

Thank you.
Thank you.

And--and one of the

13

things that we had proposed was to start reunification

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therapy now that Mr. Tsimhonis back in the country--

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THE COURT:

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MR. BOSSORY:

So--great---um--I think that it has a shot--

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a better shot than when he was working.

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Mr. Lansat and--

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20

THE COURT:

When he was working?

Youre not

working?

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MS. GUCCIARDO:

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MR. BOSSORY:

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THE COURT:

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MR. BOSSORY:

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I--Ive talked to

He was in Israel.
When he was in Israel working.

Oh.
Hes--hes in Michigan now.

apologize if I misstated that.

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THE COURT:

I (indiscernible) didnt know you

lost your job.

MR. BOSSORY:

Um--Ive been talking to Mr.

Lansat quite a bit about that, at this point um--he wants

to focus on getting the parenting time started and thats-

-that works with me.

thats out there--thats something that were willing to

do--

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10
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THE COURT:

I just wanted to make sure that

MR. BOSSORY:

Thank you.
--ah--if the Court wants to

entertain that.

12

MS. MIDDLEDITCH:

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THE COURT:

14

MS. MIDDLEDITCH:

May I respond?

Yes.
I believe theres already a

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court-order in place that gives Mr. Lansat the authority

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to implement a counselor or mental health therapist--

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MR. LANSAT:

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MS. MIDDLEDITCH:

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If--but I dont wanna do it now.

--and I happen to agree with

Mr. Lansat.
THE COURT:

Okay.

Mother, I--Im very hopeful

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the next 30 days provide something good to say on your

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behalf because I will tell you when I read Ms.

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Middleditchs verified motion I was less than displeased

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which I dont even know what word that would be.

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know you have a lengthy response but Im hoping we wont

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And I

have to--Im hoping that dads home and things go

remarkably, surprisingly well.

sake to have to hear this motion.

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5

MS. MIDDLEDITCH:

Cuz I would hate for your

Your Honor may I say one

thing?

THE COURT:

Is it gonna help?

MS. MIDDLEDITCH:

THE COURT:

MS. MIDDLEDITCH:

I think--I think so.

Okay.
I hope so.

I think its

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really important and Im, of course directing my comments

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to the Plaintiff but Im sure the Court could say it to

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anybody coming before you that its really important that

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we dont just follow the orders to a T but that we follow

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the spirit of the orders.

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kids there and dropped them off--like facilitating that

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real relationship.

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has never given up.

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that after the years that he had to finish in Israel he

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was able to obtain that transfer and come here.

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really think its more than just dropping them off at the

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parenting time but its actually encouraging that

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relationship and saying, hey, hes not a bad person, he

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does love you, and go talk to him and tell him about your

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extracurricular activities, tell him about school, and

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really encouraging that relationship.

We cant just say I brought the

He is here.

He is their father.

He

I think it is remarkable--remarkable

Um--I

MR. BOSSORY:

THE COURT:

MR. BOSSORY:

THE COURT:

MR. BOSSORY:

Judge I--I-I completely---I agree--I agree as well.

--completely agree with that.
But the--the issue here--its not

just the relationship and what mom can do, the--the break

in the bond is between dad and the children and I think we

all have to agree on that.

problem and one of the things we have to try and fix is

Thats where the--thats the

10

the bond between dad and the children, which is why we

11

offer reunification therapy.

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and--and Mr. Lansat for the last three months.

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doing everything that theyve been asking.

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MR. LANSAT:

Ive been working with mom

Shes been

I dont know if I agree totally

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with Mr. Bossory--hes a great lawyer--his assessment on

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that but--

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THE COURT:

When I read--when I read the motion

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I thought to myself, your kids are meeting dad for dinner

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and theyre not eating.

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MR. BOSSORY:

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THE COURT:

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MR. BOSSORY:

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THE COURT:

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MR. BOSSORY:

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THE COURT:

When do they eat then?

Do they eat lunch?

When do they eat?

When do they eat?
When they--when they-Yeah its--most of its---when they come home from dinner
10

with dad and they dont eat dinner with dad what do they

eat afterwards, thats what I wonder.

When they come home

what do they eat?

Theres no eating.

Theres no eating.

MR. BOSSORY:

THE COURT:

Yes.
Kids could eat dinner with their dad

Im ordering theres no food afterwards.

Nothing except water from the refrigerator--I mean from

the faucet.

show.

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No snacks.

Mom, the kids cant eat--kids dont rule the

So thats my--is that okay with ev--Mr. Lansat?

just want to know if its okay with you.

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MR. LANSAT:

12

THE COURT:

Im sorry Judge-They dont eat dinner with dad--

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theyre not having a pre-dinner or appetizers with mom.

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Theres lunch, with mom or school and then whatever days

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they have dinner with dad, thats the only food their

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eating from lunch on.

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MR. LANSAT:

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THE COURT:

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MR. LANSAT:

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THE COURT:
opinion.

Were

They have to eat.

Right?

--its done.
I mean--I dont want to ask you your

Does that work for you?

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MR. LANSAT:

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THE COURT:

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Yeah, its gotta stop.

moving toward--

19

22

I agree.
They cant eat.

Like if you dont--

if you dont like what your parents are serving then you
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go to bed hungry and in the morning maybe youll have some

food.

MR. BOSSORY:

So that--oh--okay I just wanna

make sure that we--we deal with the health and the safety

of the children.

THE COURT:

MR. BOSSORY:

Yes.
I--youre not gonna--youre not

gonna die after missing one meal, I get that.

make sure that were not--you know punishing the children

10

But I wanna

for something thats not--

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THE COURT:

No but I mean the kids need to know

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theyre eating dinner or thats--theyre not--thats--

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thats their time to eat.

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when they have dad--

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MS. MIDDLEDITCH:

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MR. BOSSORY:

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THE COURT:

If they wanna forfeit dinner

Thats exactly what--

Sure.
--thats not--dad did not--Im not--

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you--mom, you see that I didnt ask dad that.

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attorney didnt ask that.

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agreeing or disagreeing, I dont even want to know what he

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thinks.

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for the next five years, nine months.

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His

He didnt ask it and hes not

This is the bad Judge that you unfortunately have

MR. BOSSORY:

My only--Judge my--my biggest

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concern is I--Ive read the file and I admit I havent

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been on the case very long and--but Ive seen how things
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go.

I get the reports.

Um--I hear what the children--how

the children are like they--they--how theyre acting

during visitation.

end.

thats been an issue in the case, that mom actually

physically getting the kids to visitation.

keep doing that.

Mom is--is encouraging that on her

Shes getting the kids there and I--I understand

Shes gonna

Im gonna make sure she does.

My issue is the expectations placed on mom.

-Ms. Middleditch gave a--a great presentation on what

Um-

10

moms expectations are and I think the Court is right to

11

some extent.

12

has to not--certainly not disparage dad and I dont think

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shes doing that ah--and she has to let the kids know that

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theyre gonna be safe there and that that relationship is

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important.

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with dad when moms not there to push it on even more, she

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cant control.

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set up for an unrealistic--

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20

Mom has to encourage that relationship.

Mom

What the kids do with that and--and their time

So I wanna make sure that were not being

THE COURT:

I disagree with everything that came

out of your mouth.

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MR. BOSSORY:

22

THE COURT:

Okay.
When theyre 18 they can--you dont

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have any control and they can go live in a third world

24

country.

25

family court.

But this is Michigan and these are the rules in

If its lunch and they choose not to eat
13

then theres no lunch.

actual dinner time.

theres no food until actual lunch time.

Theres no snacks until their

If its breakfast they dont eat--

MS. MIDDLEDITCH:

And your Honor what gave rise

to my comment, frankly, was theres Skype.

talked about Skype a bazillion times in here.

with the Skype--

MR. BOSSORY:

MS. MIDDLEDITCH:

You know weve

Um--but

We dont have an issue with that.

--the--the--with--with the

10

Skype prior to me filing this show cause motion the kids

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would come on Skype and stare at the ceiling for 10

12

minutes until the call was disconnected and refuse to talk

13

to my client.

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THE COURT:

Well see then--then its the Courts

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order that they lose all electronics, they lose all TV and

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they dont have--they do not have activities. You cant--

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MS. MIDDLEDITCH:

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THE COURT:

I mean I do think--

--you cant--you dont--if youre

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getting poor grades--I dont know if you werent sitting

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in here actually--this kids getting horrific grades, then

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theres no electronics til you work your schoolwork.

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Theres no anything else thats fun until you repair the

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most important relationship the children are ever gonna

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have is with their parents and until that relationship is

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repaired there is no fun for your children.

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MR. BOSSORY:

Judge, agree that they have to--

they have to repair that relationship but heres whats

probably gonna happen--

THE COURT:

MR. BOSSORY:

THE COURT:

Thirty days.
--moms gonna say-Im looking forward to 30 days

success and if not this is what Im going to do so

hopefully youre hearing what Im saying mom, and dad, and

therell be such success and things can go from there,

10

otherwise--

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MR. BOSSORY:

Judge Im tryin to be candid

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here, I--moms gonna do what she can but this relationship

13

has been so fractured for so long--

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15

THE COURT:

All right, then itll be great cuz

theyll just be tutoring all day long--

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MS. MIDDLEDITCH:

17

THE COURT:

18

And in conjunction with--

--tutoring, doing homework and

reading--reading books.

19

MS. MIDDLEDITCH:

--in conjunction with the--the

20

punishment I think it would be really helpful if we--we

21

heard mom saying, hey why dont you tell dad about how you

22

won your tennis match.

23

exam?

Whatd you get on your calculus

24

MR. BOSSORY:

We do encourage that--

25

MS. MIDDLEDITCH:

What did you--no that has

15

never happened once on Skype.

MR. BOSSORY:

--that they dont do it--

MS. MIDDLEDITCH:

MR. BOSSORY:

Never once.

--that they dont do it--its a

result of where the relationship is and penalizing the

kids more for that--

THE COURT:

MR. BOSSORY:

THE COURT:

10
11

Its not penalizing. They can-Thats how they see it though--

MR. BOSSORY:

--well---theyre--theyre eight, nine,

and 13.

12

THE COURT:

--well thats too bad, mother needs

13

to tell youre not being--the Judge actually wants you to

14

get--have better grades and so all--youre not allowed to

15

watch TV ever again--

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MR. BOSSORY:

17

THE COURT:

18

MR. BOSSORY:

19

--if the next 30 days dont go well.

--theyre straight A students,

theyre in advanced placement calculus--

20
21

Shes gonna say that but--

THE COURT:

Well maybe they should go up a grade

then--

22

MR. BOSSORY:

23

THE COURT:

--advanced placement classes.

--with all this no electronics, no

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TV, no movies, no friends, dates, no--no nothing.

25

days-16

In 30

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UNIDENTIFIED FEMALE SPEAKER:

They--they tried

that--Dr. Rudolph tried that.

THE COURT:

--Im ready--I will be ready to rule

that in 30 days if I dont hear the extraordinary efforts

youre doing from your ex.

from your ex what happens at the--the next parenting

times.

8
9

MR. BOSSORY:

Im going to want to hear it

Were setting it up for failure

Judge.

10

THE COURT:

11

MR. BOSSORY:

12

THE COURT:

13

MR. BOSSORY:

14

happen.

15

doing.

Well-And Im--Im sad to say that---okay.

--because we--we know whats gonna

Mom has been doing what she has to have been

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THE COURT:

Well--okay if you know what happens,

17

then Im gonna tell you whats gonna happen mom.

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gonna file a motion to change custody and if I grant that

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and I dont grant the stay you will not get relief for two

20

years and well flip-flop the time.

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to me all the things hes saying and if it meets the

22

threshold.

23

Hes

If hes able to prove

Im saying if.
MR. BOSSORY:

And who gets punished for that?

24

The kids.

They didnt want to get divorced.

25

want dad to move to Israel.

17

They didnt

THE COURT:

They didnt get divorced.

And Im

sorry for all the military people that have to go overseas

too.

Im sure not every single one wants to be there.

4
5

MR. BOSSORY:
things--

6
7

Im sure they dont and one of the

THE COURT:
days.

Thats my ruling.

Otherwise Im telling you what Im gonna do.

MR. BOSSORY:

MR. LANSAT:

10

Good luck next 30

Thank you Judge.

Do we get a date from your clerk

for 30 days?

11

THE COURT:

12

(At 12:13 p.m., proceeding concluded)

13

Yeah, sure.

* * * * * *

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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:

March 9, 2015

___/S/ Sandra J. Traskos__________

Sandra Traskos, CER 7118

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