ten donna and robert who previously married i'm going to refer to them the mother of the children involved here is diana the father is robert diana since the since the divorce was and has remarried written order so if you were to look through the record you find no additional explanation of the findings beyond what is contained in the decision  decision and that's where we're people who here is the court is well aware the standard of review is whether or not the decision is manifestly roe yes and whether or not it causes a manifest injustice to the children involved in this case it is the atlanta position that in fact that is precisely what the judge's decision has done it has created it is manifestly roomies and has created a manifest in consistent with what justice what should it be or insets in fact although donna filed a petition to modify joint custody to sole custody and asked to be residential custodian robert merely the petition to modify the currently existing joint custody arrangement and that the children reside with him now a little background here one of these weren't divorced they lived within a very few blocks of each other and the initial cost determination wasn't fact basically a true fifty fifty split between the parents with the children staying from seven thirty in the evening till seven thirty in the morning with their mother and from seven through morning to seven thirty in the evening with their father that was based in part on the ages of the children the youngest at the time of the divorce was preschool age and mr s robert and the children moved to the town of essex at that time although the record is there is some disagreement based on parties testimony in the record as to the true shared custody was no longer actually occurring there were no motions filed to modify the custody or residential care any agreement at all on this continue to be case with the the children physically resided the majority of the time in the home in essex with robert and states and that's that's one of the critical things that  required to go down a list of factors one by one they are clearly they're not wired to but obviously in making a decision this time it's important to the police know from their decision that they the relevant factors and again based on the written decision it does not appear that the factor of the children actually being in the physical custody of robert was even considered as an issue and  just want to back backtrack to the issue of the you know there are statements and there was testimony from di recording these allegations that they couldn't get along and yet on page four hundred  reissue that we brought up in the shoot one but what the judge says between pages four corteen and four nineteen and he says you know i've got a simple case here in my mind i a simple cases far as i'm concerned for everybody has been telling me from day one that i've got two terrific parents and return receipt kids this is a pleasure for a judge because i worry about the case where i get  lousy parents and i'm afraid to leave them with and you know i can't make a mistake in this case i just can't make a mistake i've got two great parents and three three kids now this is after all the generally speaking people aren't getting along it's because both parties are getting along so even know that even know there is some testimony in the record that perhaps there was friction i don't think this idea joint custody to sole custody i think that may be how he analyzed it but i think the fact that judge parents failed to even give any weight or any of the domestic violence act we don't have any aspect of their here even if we were to take this as an offer of proof that this doesn't have anything to do with these children  believe and i believe that in terms of at that time both children one was a minor and one was not we also did have the evidence concerning robert's treatment of  his former stepdaughter who is thus daughter from a previous marriage which the court did comment upon and did say that it found they had to be highly unlikely that this would recur in either then the children have excellent equalizing relationships that they have equal comfort level wage but when the court very carefully considered what has been doing on here and consider their comfort levels consider specifically that the school districts are equal in thousand and nine began working from home but one of the things that council did point out that she also testified to was that she had moved no less than three times during the time to the children who resided in essex with robert and that he had no time on a subject to cross examination she testified that he had no time even when she was unemployed or able to work from home and her husband was unemployed did she consider moving closer to her children her children live somewhere she didn't take that into account she could work from home and her husband wasn't even working and yet she didn't consider moving closer to where the children were  yes to the point is that counsel just brought out some numbers to see in the judge's decision on page two seventy nine a common law record that children have equal an excellent relationship with each of their parents siblings stettner step brothers and sisters and all  substantial evidence that the mother was doing everything humanly possible to destroy the relationship between the father and the child and that you not at least one of the other cases dr testify regarding a current parental alienation that the mother was doing trying to vent the child from him a positive relationship with a father that's not the p c there is no issue  on so and i don't think that you think when you interview the ranch you will also see that it wasn't that that robert and stacy did not allow the children to contact their mother at all it was simply during specific times of the dinner hour and when they were one instance and with the babysitter again that's one instance over the course of a number of years the fact that robert chose to more strictly comply with the terms of a joint parenting agreement  and he and dissolution subsequent to donna filing for changing custody after he's been taking care of these children the majority of the time for four years although perhaps ill advised again is not