the decision making process so if th initial error was the genesis of several other errors the case was a little bit usual in that trials started on august two thousand and fourteen but it seems as though the or orders change over a series of time by the time we got may well or announced that it was only considered those reports the transcript and how things went down in august of two thousand now in terms of any type of stipulation we believe that even if there contested proceeding for the trial judge to consider i mean knight you know i mean the truth even think about criminal cases where it's a matter of public policy i don't recall any situation where evidence that the party stipulated to the court the court could not consider that this is somehow against the law the sort of unlawful thing for the parties to do and for the court to consider that's assumption the argument is that well your honor first we believe there was in this life well that's not my point but your argument is assuming that the trial the trial court said there was one but you're saying that as a matter of all if the party stipulated to a piece of evidence the trial court can't except that stipulation so that your position well your honor under the used in it like i'll be reporting to any evidence for the trial court to the tropics consideration none that i'm aware of just this one yes and no in criminal cases i know you have some criminal practice can you think of any criminal case where th couldn't be done i cannot think of any criminal case but in this one instance is a manner violation of public policy yes i believe so because of the statute the later is taking a very strict opus's on the on the record and it's not merely who made the report out the report was made it is this underlying substance of what was said by various individuals w not ever witnesses yes so i believe that under the circumstances court made a serious error by our use reports into evidence what we have on the other hand was some evidence presented regarding some problems with visitation we had evidence that these folks and it lay around one another in public places obviously didn't  another very much but the bottom line is people were still doing well under those circumstances and based on the other ones which made i believe that it was error or  a court counsel i couldn't disagree more and that's a surprise to you but in looking at this case i would ask that you keep in mind a couple of i think very important observed every witness he considered every exhibit and he listened to every argument this wasn't a situation where he walked in and caught the last third of last half the last part of ongoing litigation this litigation went on for over five years it was a legend in adams county it is a ridiculous amount of litigation but that is what happens when adults can't act like adults but the fact of the matter is is i think under the law and certainly in our request that you give great deference to the decisions of the actions of this trial judge because of first is it his ability and experience of that second the fact that he was there from the get go and he had an opportunity to see everything as far as the issue of the question of law raised by counsel in his reply brief on page four of paragraphs one on august twenty second access to the records will be limited to it in camera inspection by the consider it certainly wasn't being done for light reading purposes the other thing that i think is important to remember when you when you when you consider this case is the d c if this report and their contents were only a minor portion of of the case that we presented to the court and asking for a change of custody and as such certainly needed to be considered and certainly work considered because of the stipulation because that was in august we took the time as mr palmer points out nine months for the court to get those records to give the c f s an opportunity to object in those records to have her counsel or myself object to those records for the use of those records and then after they were received and consider  make further objections or to present evidence to rebut those records absolutely none of that was done nothing was done and i find it a unique argument that a court can have too much  evidence especially in a crowd chelsea a custody case with that here's the what counsel is saying but the long the short of it is i my suggestion to the court that when the judge tells you he's going to look at records and you don't object to it hopefully once and for all of a very bad situation he took it upon himself to get those records and read it and i applaud him for that i don't and i would hope you wouldn't castigating from that his far as the decision itself is scheme to deny shawn any type of relationship with his children that was the case that i had attempted to present to the court for years we dealt with bug bites we dealt with improper hair combing we dealt with interrupted summer vacations we dealt with outbursts in court we dealt with a put of a ridiculous to petition to remove the children in the state of oklahoma where she met an internet boyfriend we had police involvement we had d c fs involvement we had a disruption at the guardian ad litum office we had teachers and administrators involved virtually all of them found four in favor of my client the only thing that mr burke can say to the court is the third or fourth the c f s investigation where his client became unhappy with the quincy office who made an unfounded they ran to jacksonville jacksonville native founded and did absolutely nothing perhaps the beyond the end of this case is the fact that my client when he went to pick up his young children for visitation couldn't go into her driveway or her father's driveway so if it was raining or snowing these young kids had to go into the street to get into the car that's just crazy but that's when the position that she took this judge repeated leave code her there's nothing funny about this she'd sit in court all out this is serious you need to take it serious or some point in time you're go lose custody of your children he warned her time and time again and now she's surprised that it happened you can't you know she put herself and her animosity towards her husband over the being of her children by that very simple act when the guy for this court to rule any differently you would have to ignore the evidence please don't be changes  cerebral comments about things that had happened in the rack heard of this case but most of those things were not part of august or the may hearing a transpired much