in the second to work here in finding james for a brief history of the facts james and christi you know were married on march seventh of may two thousand and two children jacob who was born in july two thousand and ryan who was born in may of two thousand and three the parties were the force in november of two thousand and four at which time they entered into a joint parenting that's the joint parenting grant provided that james who is living in california would have  automation modify custody is abuse is to abuse of discretion in the case of bar the court did abuses discretion in denying motion modify custody the first prom having to prove a change in circumstances had been met in both the cases of lasky and records the courts found in those cases if the parties both agreed that they could not jointly parent child children in this case then that the change filed a motion to modify seeking sole custody in at least three times during the trial christine no really that the joint kerning prima was not working also the court didn't modify custody therefore it must must a found that there had been a change in circumstances once that she is in circumstances found by clear and convincing evidence the court then moves to a best interest standard and i have laid out in my brief all of the factors christina had been married six times the third time was to james and then after her and james were divorced she married brad ball her marriage to brad ball last like six weeks they were together though for approximately a year a the home red ball had hit the wall out of anger and also kicked a door and punched a hole through a door out of anger all this is occurring while the children are present in the home after her marriage to brad falls she then married jonathan campbell at the time of the trial for and jonathan were going through a divorce again with jonathan kim more physical violence in the home with the children present she even this use is occurring with the children present she just surgery and frau testified couple different types and also dr allison did a psychological evaluation told dr appleton a few different stories with regards to how many times she had to pack up the kids and leave the house was a fight she was having with jonathan somewhere between twenty and sixty times that she would have to leave the house because she said if she didn't leave the house she was afraid the argument would continue to escalate just like in the case in her diary which she ended up getting jonathan in front of kids during these twenty or sixty times that she left the house she would even have to leave in the middle of the night pack the kids up wake him up sometimes on school nights and you the dollar trial even testify that maybe that it affects him at school the next day with little kids at issue here they have school the next day that she tearing them up out of bed to go to our mom and dad's house and then returning to james you there the next day or a few days later dr appleton in her report it says how after appleton even said that it's not good for the children to have to be afraid and have to be the protectors of their own in their house there's also the stability component and christina has show that she has a stable again like i said she went through she's gone through six husbands to just after the divorce to twice married and in the middle of a divorce since two thousand and four worse simply not good for a child these factors are way in favor of james having the children then we look at the relationship between the parents and the simply it's their siblings  additional siblings and each home in christina's home there was at the time of trial there was an infant that just been born and then there was the older child andrew who was getting ready to go off to college so to its roots at dad's house  his new wife had two children ages approximately thirteen and fifteen so a little closer in age and dr appleton found she did two reports in this case she did one that ended up not necessarily having a resolution because she throughout the course james was getting more information and some of the reasons that you filed a motion modified to begin with was because he wasn't receiving some information about schooling and medical visits it looked like that just him in motion by help that  things progressed dr appleton in the two seconds before changing her findings and finding that the children should go with james and one of the reasons for that was because she found that there was an unhealthy relationship between the children and christina dr agatston noted that when kids come to see her turn a psychological evaluation they may cry at the first time in this case of jacob cried every single visit d appleton attributed this to potentially she found out that jake up with ryan had been told what to say doctor this would lead to stress and would potentially lead to the crying every time they came because they didn't know they were being told what to say to dr appleton so they were scared that maybe they would say the wrong thing and this would cause the children to be upset during those of us and also christina allowed andrew to build little kids the kids issue the states to watch andrew build a bomb and then throw the bomb on the school football field and again the trial court had end testified during andrew's testimony andrew was asked twice what were the little kids doing and he said he and the little kids would run away when he threw the bomb the bomb is a it's a some sort of bottle testimony of andrew in court later when the trial judge interviews the two kids and camera interview story with those little kids changes now that the little kids opposed to andrew who said that he had little boys  dr appleton has already said and that these trailers are being coached looks like that mimi happened again even with the in camera interview that's her putting these kids in a situation where they don't know reality they don't they know what their mom's home and they know the truth is and they're getting mixed signals from their mother of what's right and what's wrong causing such as when they go to dr appleton or anywhere else they're afraid they don't know what they're supposed to say they don't know what they're supposed to this is the she admitted that she would have the kids jacob and ryan sleep in the same room on the floor when her and john jonathan were in bed together potentially having relations even when as on the kids it looks like the time she was going to do that two three months later she married john so the focus was not put back on is instead she went back into the relationship jonathan and  yes did she say the children were anxious and therefore the she did and that she should get there how do you perform in school otherwise the kids are performing ok in school one of them is getting good grades the other one however the little one is having problems reading is going to be held back doctor after the next did not necessarily attribute that those two things to put those two things together  things that dr appleton line was that she believed the school was being biased against james christina's stepfather works at the school throughout the kids going to the school and when he was having speech problems the when you also look at the adjustment to the home and the school community again having also to that fact of being in favor of james because james should be able to be getting information from the school knowing about the programs from school knowing what's going on ryan was supposed to be in speech therapy a motion to modify when he did not have this move could have even been brought up is because of james that he started getting services and even during this period there were six months where he didn't get services if you also look at their dental cavity you got a pedophile she waits six months for that cavity to be filled so you've got a little boy food probably sweets and having an open cavity and it's now for six months before she gets around  take him to the dentist to get it fixed up as far as fostering a relationship dr appleton you found that she didn't believe that christina would continue to foster relationship she hadn't shown that she had done it in the past probably wouldn't do it in the future again not telling jews about naive key not informing james of what's going on in school not informing james services that the kids would be entitled to not telling james about certain  that this mission was rather witnesses let's say she was doing very fine and in fact all of the witnesses said let me go back a little bit on what was said though  iraq i believe for nine months all these kids watching communicated with his father he limited the stipend from income to the bare minimum the military would allowance and the rest of the money to his father and his father kept it for him this mission did not we don't know when he came back he made a change in california its mission to get some help from her family should support move back to home illinois that's where they mapped that's where they marry and one one we think the school's biased against us i'm not sure how i should reach that conclusion because she never talked to any of the teachers she didn't talk to the school psychologist she didn't talk to any of these people they work in session during the them over to an office with operable then where the child is not familiar with the out of the realm so to speak their own comfortable they may not test as well when you take the child into the school situation where i usually respect her and i'm not saying i'm just say in this particular case we did not talk to school psychologist we did not talk to any of the teachers these are the folks that are with  purely a school relationship by the way we hear all about this instability and all about how oh we're guessing that these kids are up so anxious and what have none they were fourteen or sixteen months one shot the other child had an appointment if you look at the records from the dentist that were produced both children were always examined at the same time unfortunately could not remember why and that one occasion that the children mother is taking care of them very well so i think you get to look at the evidence you could pick and choose what you want to hear what you want to see but you can't judge credibility based on trying to you can't judge credibility based upon the record if you look through that record and i am and what i've tried to do is follow what i believe i'm supposed to go  believe you should take into consideration but i believe that there are certain was substantial evidence to support while his decision did he terminate custody it's not an issue that was raised on the hill i looked up a little bit i firmly believe the judge yes well should respond to the ability to change things when he didn't think they were that working very well or the trial would indicate things weren't working very well which change i believe it was for the other child it wasn't for the child that was having problems so she's giving him medicine for the wrong child in that order as far as credibility who counsels caracas lorch or is the one that makes decisions regarding the credibility of the witnesses however in this case that would be the same but if you just look at her christina's testimony she had she admitted a lot of things that i have brought up to in found out that that was not the case all that that relationship was not impressed by the people that trial they were in the middle of the divorce effect testified on behalf of what we called james