STATE OF MICHIGAN

6TH JUDICIAL CIRCUIT COURT FOR THE COUNTY OF OAKLAND

MAYA EIBSCHITZ-TSIMHONI,
Plaintiff,
v

File No. 2009-766749-DM

OMER TSIMHONI,
Defendant.
/

PARENTING TIME HEARING

BEFORE THE HONORABLE LISA O. GORCYCA, CIRCUIT COURT JUDGE
Pontiac, Michigan - Tuesday, June 23, 2015
APPEARANCES:
For the Plaintiff:

ANDREW M. BOSSORY (P74364)

Lorandos Joshi
2400 S. Huron Pkwy.
Ann Arbor, MI 48104
(734) 327-5030

For the Defendant:

KERI MIDDLEDITCH WIGOD (P63088)

Paletz Law Firm
3001 W. Big Beaver Road, Suite 504
Troy, MI 48084
(248) 203-6800

TRANSCRIBED BY:

THERESAS TRANSCRIPTION SERVICE

Sally Fritz, CER #7594
P.O. Box 21067
Lansing, Michigan 48909-1067

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APPEARANCES, Continued:
Guardian ad litem:

WILLIAM LANSAT (P36752)

Schnelz Wells
280 N. Old Woodward Ave., Suite 250
Birmingham, MI 48009
(248) 258-7074

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TABLE OF CONTENTS
WITNESSES:

PLAINTIFF

PAGE

None

WITNESSES:

DEFENDANT

None

OTHER MATERIAL IN TRANSCRIPT:

None

EXHIBITS:

INTRODUCED

None

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ADMITTED

Pontiac, Michigan

Tuesday, June 23, 2015 - 10:27:32 a.m.

THE CLERK:

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The court calls Tsimhoni versus

Tsimhoni, 09-766749-DM.
MS. MIDDLEDITCH:

Good morning, your Honor,

Keri Middleditch on behalf of the defendant, Omer Tsimhoni,

who is present to my right.

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MR. BOSSORY:

Good morning, your Honor,

Andrew Bossory appearing with and on behalf of the

plaintiff, Maya Tsimhoni, who is present today.
MR. LANSAT:

William Lansat, GAL, your Honor.

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I think that weve reached an agreement to the week of the

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-- you want to read it into -- okay.

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MS. MIDDLEDITCH:

Your Honor, Id just like

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the Record to also reflect that the parenting time

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supervisor, Art Gallagher, is here if the court has any

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inquiries of him as to how the parenting time had been

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proceeding since we were last here.

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the Record I know that the court made it perfectly clear to

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plaintiff that the children were to be participatory in the

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parenting time with father.

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are to share meals or what have you.

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I would indicate for

Specifically to eat when they

I will indicate that their interactions

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still almost non-existent with my client, and while they do

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eat, they will not eat the food if my client touches it at

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the table, meaning if he were to hand him a bread basket or

something like that, they still dont talk to him or

meaningfully engage.

discuss that with the court, but I want to make the court

aware that while the minimal sort of compliance in getting

the children there is occurring, it is certainly not

transpiring as I would have desired or hoped.

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Mr. Gallagher can more learnedly

That being said, after a significant meeting

today I would indicate that the parties did not go to the

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Building Bridges program as we had previously discussed.

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It really didnt work out for a number of reasons.

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is an alternative program that my client discovered that

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takes place in Toronto, its called Families Moving

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Forward.

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contact with that program today, had a couple of phone

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calls, actually back there, and were hoping to have a

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conference call set up next week to start the intake

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process as a replacement for the Family Bridges program.

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There

Thats run by Dr. Fiddler (sp), and we also made

In the event that the parties are not

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accepted into this new program the defendant, my client,

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would like to proceed on the show cause motion as outlined

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in my prior court order that you signed that I proposed.

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We tried to work out some parenting time for

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tomorrow.

What we had originally discussed is tomorrow the

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kids come here to your jury room and that my client would

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have parenting time with Rowie (ph) from 9:00 a.m. to 11:00

a.m. and then lunch with Natalie and Rowie from 11:00 to

12:00, and then having parenting time from 12:00 to 2:00

with Natalie.

supervised here by Mr. Gallagher.

That parenting time, of course, will be

Its my understanding the children have a

dermatology appointment thats a routine checkup sometime

in the afternoon, Im asking that that be rescheduled.

In addition, the additional parenting time

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would be in your jury room Tuesday through Friday, the --

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July 14th through July 17th at various times, as I outlined

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in my order, for my client to come here and spend one-on-

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one time with his children with Art Gallagher supervising.

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Lastly, I believe theres an agreement that

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mother shall consult with my client prior to making any

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academic decisions as they relate to the childrens

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education and shall seek his consent.

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cannot be reached between the parties a motions going to

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have to be filed.

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school about some -- I think, frankly, accelerated

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programs.

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intellectual capacity.

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legal custodian and deserves to be consulted to serve their

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best interests.

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If an agreement

My client was recently contacted by the

The kids are very bright and have some great

And frankly, my client is a joint

MR. BOSSORY:

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Thank you.

Just a couple of

points.

I think Ms. Middleditch accurately recited what

was written.

couple of points that Id like to clarify.

issue with school, I think both parents were contacted by

the school simultaneously through e-mail, so this was just

a case of the school giving routine information.

We did have extensive discussions.

Just a

As far as the

As far as their -- Ms. Middleditchs request

for decision-making, thats currently joint legal custody

so I dont think theres anything at all wrong with that,

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that request.

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Regarding the order, just a couple of points.

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Theres -- the portion where Ms. Middleditch requests leave

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to re-file and proceed on her show cause.

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Moving Forward program is not successful through the intake

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process, my only request would be, I think that would be

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improperly punitive to -- to mother for something beyond

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her control.

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of these intake procedures, these programs, and theyre not

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working out through -- through no fault of her own.

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willing to do this so I think, you know, the -- the

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agreement to do this was to offset in compromise of the

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show cause and to hold that against her.

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through I think that would be unfair to her.

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25

If the Families

Shes been cooperative with going through all

Shes

If it doesnt go

I think a better solution would be to just

amend language to include the Families Moving Forward

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program, or a similar alternative and the parties can --

can work that out if the time comes.

Regarding the dermatologist appointment, its

my understanding its not a routine appointment, its a

specifically scheduled program given that mothers family

has a history of skin cancer, melanoma.

months in advance.

routinely rescheduled.

all three children tomorrow at 1:00.

This was scheduled

Its not something that can be

Its my understanding that its for
Thats when they have

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to be there, so I think theres -- theres travel time

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associated with that.

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MR. LANSAT:

Once that -- one -- one

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suggestion, your Honor, was we do 8:30 to 12:00.

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would give mom an hour to get the kids there.

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just down the road pick another date for a few hours at the

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jury room to make up for the time that would have been

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tomorrow, if its -- if -- if shes had these

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dermatologicals -- things scheduled for the kids.

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we can do 8:30 to 12:00, that would give mom an hour to go

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and we can -- we can pick another day for an extra couple

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of hours that its missing for tomorrow I think would be a

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fair compromise.

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MS. MIDDLEDITCH:

May I respond?

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is traveling on business for two weeks.

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have an issue.

And maybe we

At least

My client

The kids dont

This is a routine checkup.

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That

I get that they

have -- it can be -- it can be rescheduled.

And at the end of the day, you know, the -- the particular

schedule that we had laid out gives him some nice time with

Rowie, Im sure you recall the incident at the house, and

then Natalie.

entirely ridiculous that we would say theyre not going to

see their father for more than two weeks because they have

a routine checkup scheduled that can easily be rescheduled.

Its absurd.

So I dont want to mess with that.

THE COURT:

Its

Well, the good news is, that this

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is Summer vacation, right?

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MR. BOSSORY:

Theyre not in school?

Well, what Im -- if they want

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to do just the -- the regular visit around the -- the

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doctors appointment that theyve been doing for the last

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month and a half, I think that would be totally

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appropriate.

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THE COURT:

The court will note your

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objection for the Record.

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compromising and Im not giving up one minute of dads

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parenting time.

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schedule those appointments.

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objection for that.

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now, youre welcome to use our phone, so that you dont

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have a cancellation fee since its under 24 hours.

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25

I dont think there is any

You have the rest of the Summer to

So its going to go over your

So I would suggest call the doctors

MR. BOSSORY:

The other issue is -- now I

lost my train of thought, Judge, give me a second --

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THE COURT:

Or show cause will let -- itll

be over your objection.

Maybe therell never be a show

cause.

drastically changes and this -- you know, I would like to

say like this is file eight of eight.

never had, in 46,000 cases, get to eight.

only not even six years old, so I dont understand.

mean, I dont know how many trees there is -- or killed.

That would be in a perfect world.

MR. BOSSORY:

Something

This is -- Ive
And, this is
I

Just one other point in

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clarification.

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understand the children are eating.

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interact, and that one of the reasons that -- that there is

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maybe a lack of communication is, Ive been told that

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father spends quite a bit of time texting on his cell

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phone.

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As far as the visitations go, from what I

They -- they do

So that could be off-put into the children.

As far as holding it against mom, shes not

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there.

Theyre children, they have their own minds,

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tendencies, and -- and when its fathers job to -- to

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parent them, as -- as he sees fit during those -- those

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visitations, to hold it against mom when shes not there, I

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dont -- again, I dont think thats fair to her.

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doing what shes doing.

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father, to eat with father, that their father loves them.

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She doesnt say anything demeaning about him to the

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children, so shes doing what she can --

Shes

She encourages them to talk with

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THE COURT:

Well, I --

MR. BOSSORY:

THE COURT:

-- not being there.

This court is a big believer in

monkey see/monkey do.

And the apple does fall right next

to the tree.

a long time, what it would be like if the roles were

reversed and your children wouldnt eat if you pushed the

bread basket to them and your children treated you the way

your children treat their father.

And I would like mom to think about this for

So, I dont -- I need

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you to have -- apparently you cant have empathy because it

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hasnt happened to you, but to feel for what dad is going

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through and the amount of money your husband -- ex-husband

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has spent just to get a relationship with his children is

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mind boggling.

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Lansat, your -- the supervisor, Art, your attorneys, I

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cant even fathom why this is still going on.

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The amount of money you have paid for Mr.

This is tied for my worst parental alienation

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case.

In that case, the mother did serious time in jail

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and so did the child in Childrens Village.

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to live there til she was 18.

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Bridges program and the girl is amazing now.

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was disgusting, she was not attractive, she was a

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promiscuous little girl on Facebook, she had hair over her

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face, she was pure goth.

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has -- the GAL -- her lawyer -- because I had to give her a

She was going

And they went to that

Before, she

I took her from her mother, she

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lawyer because I locked her up, they all say shes like a

butterfly, she has turned into a butterfly, shes gorgeous,

shes appropriate, she became the homecoming queen at her

new school and she has zero contact with her mother.

will not let that mother have any contact with her because

that mother destroyed that girl and was leading her down

the road of disgusting bad behavior.

this is tied for that case.

MS. MIDDLEDITCH:

And I

And I want to say,

And, your Honor, I would

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encourage you to ask Mr. Gallagher for a report.

My client

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certainly -- the parenting time that hes fought for and

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cherished isnt texting -- I mean, hes tried very hard.

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Hes actually brought his son, Ben, to meet with the kids.

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If -- if -- and it was just a cute little toddler, I will

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say as an officer of the court, and I think if theres any

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-- any interaction at all it has been very minimally with

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Ben and then with the kids themselves, certainly not with

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my client.

And Mr. Gallagher could speak about that.

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THE COURT:

Mr. Gallagher?

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MR. GALLAGHER:

Your Honor, the interaction

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with Mr. Tsimhoni and the children are as it always has

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been.

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conversation.

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The two times recently that Mr. Tsimhoni brought his son,

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Ben, the kids would look at him, which prior to that they

They -- Mr. Tsimhoni would try to engage them in a

They wont speak, they wont look at him.

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hadnt.

Hes a cute little guy, he does cute things.

Rowie and Natalie would smile at him and if dad looked at

them then they would turn away and stop smiling.

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Liam shows no interest or interacts with the

child whatsoever.

THE COURT:

Theres something psychologically

wrong with that, mom.

I want you to hear this, there is

something psychologically wrong that Liam will not

acknowledge his brother.

Thats -- there is something

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wrong and hes got to get into counseling.

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to counseling instead of doing anything fun this Summer.

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want to see how this parenting time goes.

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go to a counselor that I say where it is, every day,

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because that is disgusting that he will not look at a

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little beautiful brother.

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youre going to go do a different counselor every day.

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trips for you.

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I will have him

And if you think thats okay,

Thats ridiculous.

No

That makes me so upset.

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What did that little boy ever do?

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Good job.

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Hes got to go

Mess that little boy up.

Good job, Maam.

MS. MIDDLEDITCH:

And I want to say, your

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Honor, in conjunction with that, so Ben is two.

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years old and I actually met Ben because I had to go to my

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clients home because Child Protective Services was called

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to the home, given the nonsense that went on with Rowie the

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Hes two

last time, and do you know that little Ben is so upset

about Rowie crying there, Rowie cry, Rowie cry, it is so

awful -- it is so awful what has gone on.

frankly, I understand Mr. Bossory is an advocate, hes a

fine advocate, I dont believe a word he says.

he is parroting what his client tells him.

for a moment that she is actually promoting a relationship.

Because I believe that she actually has a fair amount of

control over her kids and this is exactly what she desired

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And, quite

I believe

I dont believe

from the beginning.

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And despite Mr. Bossorys good advice, its

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not going to change without significant intervention.

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my client -- my client is more than willing to try this

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program, but if it doesnt work Im going to come back here

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and I am going to ask for every possible remedy, including

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incarceration.

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MR. BOSSORY:

And

The only thing I would -- I

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would say to that issue is, yes, there was an incident at

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Mr. Tsimhonis house, but we -- we raised our concern about

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that from day one.

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concerns about this going forward, its going to be too

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stressful, theres going to be something wrong or something

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may happen completely outside of moms control.

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did.

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quite a while as well.

I argued for quite a while that I have

And it

And weve been arguing for reunification therapy for

So, to -- you know, to imply that

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were ignoring this or moms not willing to do anything I

dont think is accurate.

remember in our response to the show cause motion, one of

our requests for relief was starting reunification therapy

between the children and father.

weve been on board with that.

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I mean, if you -- the court will

That was in there.

So

If, you know, it comes time for rubber to hit

the road and actually do it, its in the order.

THE COURT:

A child full of hate will be a

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despicable adult.

And your son did not even acknowledge a

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cute little two year old brother is a child whose heart is

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messed up.

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If this doesnt improve and if the show cause goes forward

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you are going to be strip searched, you are going to take

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off your clothes, squat and be strip searched.

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were last time, but for him.

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her agreeing.

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you and its not working.

But, Ive been saying this to you for years.

And, quite frankly, but for

They made extraordinary accommodations for

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All right, good luck tomorrow.

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MS. MIDDLEDITCH:

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MR. BOSSORY:

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Is there a copy -- (inaudible).

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MS. MIDDLEDITCH:

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25

You almost

Thank you.

Thank you, Judge.

Mr. Lansat went back --

(inaudible).
THE CLERK:

I need your signature too on this

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-- (inaudible)?

THE COURT:

MR. BOSSORY:

MS. MIDDLEDITCH:

Probably Mr. Lansat.

Do you want me to sign it?

was over his objection with a couple of --

MR. BOSSORY:

MS. MIDDLEDITCH:

Yeah --- thats why I didnt give

it to him.

THE COURT:

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I mean, quite frankly, it

As to form.

MR. BOSSORY:

Yeah, is -- does it say as to

form on there?

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THE COURT:

You can just write, as to form.

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THE CLERK:

(Inaudible).

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(At 10:43:05 a.m., hearing concluded)

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CERTIFICATION
This is to certify that the attached electronically
recorded proceeding, consisting of seventeen (17) pages, before
the 6th Judicial Circuit Court, Oakland County in the matter of:
MAYA EIBSCHITZ-TSIMHONI
v
OMER TSIMHONI
/
Location: Circuit Court
Date: Tuesday, June 23, 2015
was held as herein appeared and that this is testimony from the
original transcript of the electronic recording thereof, to the
best of my ability.
I further state that I assume no responsibility for any
events that occurred during the above proceedings or any
inaudible responses by any party or parties that are not
discernible on the electronic recording of the proceedings.

\s\

Sally Fritz

Sally Fritz, CER #7594

Certified Electronic Recorder
Dated:

June 26, 2015

Theresas Transcription Service, P.O. Box 21067

Lansing, Michigan 48909-1067 - 517-882-0060
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