hire the mother to take part in chaperoning this child who will be five years old in july for three transportation for visitation to get to the facts a little bit here these people were married a very short marriage airport and on his a week on the sunday because she had planned on him to come in late at night wasn't going to work with him at all but if he did that he ends up getting back to texas at ten thirty or so at night and this is somebody he's usually up for the morning to get to his job from never once did she do that i mean throughout the time in which she didn't do anything anyway the mom also is somebody who has three children none of these children were conceived during that time as she three children with three different didn't you know pretty wife i mean she planning for a guy have age is only twenty seven years old the judge's decision in this case was again general now officer she doesn't he doesn't have a dog in the fight and he's got no reason to sway testimony one way or the other if he indicates that the mom told them that her husband beat the crap out of her that he's been abus we also have a history that we demonstrated with her husband his name is tom that he had a history of domestic violence he has i mean the wars of protections like his former wife six incidents of abuse or anything like that but i don't know how you could find that there was an abuse to further i mean support the judge went on there just to indicate that besides there being no evidence of abuse or domestic violence that she said something to the effect of the parties were under a lot of stress from the litigation as if that's supposed to justify choking or why beating her up he also the night in january when she left the a situation where surely before trial it was an able of two thousand and ten at a time when this trial and then two thousand and thirteen day the mom has a conversation with her husband's know there are a lot of characters here she suspected even abused their other children sexually so what is mom's reaction mom goes running to the police and makes the report that she is in there and suspicious that her husband is sexually abusing or engaging in sexual conduct with and out with do with her oldest child those are pretty serious allegations to me in the first place also you don't make them if they're not true in the middle of towards the trial for there to be concern for it to meet especially the statutory right area the judge also indicated that although mom made some pretty disparaging concerning statements about father she didn't think that she would do anything to discourage the bond between the father there was an obvious hostility this woman had no indicating on the record that she refers to her husband back at the other parent there was a lot of evidence that the mother had been difficult about exchanges of a indicated before of the child at one point dad wanted to have medical records travel spending a lot that and dad wanted a position down there in case there's an emergency which you would think as good as the other character you would want to feel for your child she would give you that right even though custody hadn't even the decided at this point and there's really no reason  we have to get a court order for him to get medical records and she essentially we had to she had ignored that her indication to my client was you don't leave the records i have custody it just it doesn't make sense she even indicated open that she has a different view of the interpretation of the evidence than the judge did that's the judge's job as we've been instructed by this court repeatedly we're not coming up here for a second opinion we're coming up here to see here the order that was granted by th trial is absolutely appropriate you hammer on your issues that you think the strongest for your case you hammer on those issues she focuses on two what i think in all fairness are very minor issues we're talking about a child  you to single out she actually watched single out an issue of an o t the filing bellville because mom got into a tussle with a teenage girl over whose result the second thing is mom gets a phone call from about but that one incident for years and the incident of high price of batteries and so forth eight years prior to the time line was form these people didn't even know each other it was eight years prior to wasn't carefully considering those she considers them she goes through the evidence she had the opportunity to see tom james on the stand and to evaluate him to see how he behaved see what his demeanor to see if he was really  gets out and go for work six o'clock in the morning when the boys still sleep the girlfriend fiance takes land for the day and then dad home phone between five and six o'clock at night no siblings in the house no children his family his family this is south dakota he lives in texas mom's family is in an around the sacre county and again a number of witnesses testified to the close relationship with grandma and grandpa and the other  best friend and or sibling will test test by faith in this case for a mop testifies as a neighbor she sees the family frequently she didn't even know for a period of time that this was a planned event they were that well together she testified as to the relationship of what she observed between landon and the older brother the little sister how he looked up to the older brother again not disputed and i think the judge fairly in her role and the evaluator of the credibility of the witnesses what considerable stock in that testimony and the issue of the trial support big it's all in the rather just have to take a look at it mr trap which i want to argue that he makes about sixty thousand dollars a year the affidavit many files shows that wages alone are one hundred four thousand dollars a year you have to financials they have a paycheck stub you have a tax return in addition to his wages he received forty or fifty reduced it substantially to account for the transportation costs that he has and the idea of the shiria finance for taishan mom is a home with a teenage daughter an older son landon an would of course provide transportation to the airport but for her to find someone else for other work full time to find someone else to watch these three kids so she could transport is unreasonable in just up for he does provide that during the su made a very substantial income stephanie has no income i'm in balancing the credit if you will or the travel office think it's very reasonable the last thing that is sure mentioned was be a denial  how many times do we need to sell something to the court judge does that i for the first time i don't need to hear it three or four times less who mom let's try and focus on those things that are relevant and i'm submitting to the court that judge stuff order is well supported by again it's big the venue in which this child has lived throughout his life it's the appropriateness of that living relationship it's the sibling relationship the big brother the little sister clearly later there were multiple witnesses there was you know a full factual development of that and the trial judge in the role of the finder of fact and the family of witnesses said it's not a big deal just i'm doing this for twenty twenty five years she's seen a lot of cases i think she has an excellent position to make that decision and that is a very small matter in the greater scheme of what's been going on for this little boy for the past i can't talk about what would have been in the record if i if the upper crew had been there but information that we thought was really clearly relevant i don't think the judge would be analyzed or gave credence manipulative and the judge seemed to indicate you know she didn't want to hear that well i'm sorry but this is part of it and when she talks about the evidence being you know the same thing over and over again that's the whole point that gives more weight when you have a there are two factors regarding physical violence and whatnot mental health and i think there's a concern about mental health when somebody is there to use that relationship allowing it to continue or whining about it my client does not want his but there is no way you could have this evidence before you and find what you did about the mother she indicates that the mother would not do anything to discourage a relationship how can you say that when she's making transportation difficult and it seems to be it almost like gratitude towards the dad was his wrongdoing or she criticizes the dad in order or running in filing a petition for contempt or asking for court relief every time he doesn't get along with mom