Mom Demands Kids Be Recorded During Dad's Visitation

Uh, yes, Your Honor, we've conferred and we are aware of the court's uh court stop at 11:30. We did make some progress um and as I had mentioned to the court earlier, we did have an issue with uh our filing of this motion for enforcement last week and Miss Saldaña's second um amended motion to enforce filed last night. Um we've agreed to accept service to move this case along faster. So, we don't have to personally serve our clients on that motion. My motion, Your Honor, is on child support. Uh I didn't want to move forward with that today in order to have the AG's office uh have the appropriate time to confirm arrearages and what type of payment plan they want to do for Mr. Hernandez. And we've also agreed, part of my motion to enforce, was a disclosure of Mr. Hernandez's current address as he resides in Panama. And I just want to put that on the record. It's PH Verona, Casa F 37. Panama, that's where he he's going to be exercising his summer visitation with the girls. My client wanted to have that address available to her. Um and as far as the pending motions to enforce regarding child support and daily calls, um we wanted to have the court set us down for um a court a date after the girls' summer visitation has ended with dad. And Miss Saldaña, Miss Soto, what what when when would their summer visitation end? After July 18th. I'm sorry, it would end on July 18th. Is what I understand. So, Miss Noriega, give us a setting after July the 18th. That'll be July 28th at 2:00 p.m. Any objection, Miss uh Soto? No, Your Honor. Miss Saldaña? No, Your Honor. Miss Schonberger? No, your honor. All right, we'll come back on the competing motions to enforce on July 28th at 2:00 p.m. It sounds like you all discussed a lot. Is there anything else that the court I mean, this is an international visit and I obviously I I don't know all that you discussed, but I can certainly presume that mom and dad feel comfortable enough with this agreement. Anything else for the court to consider, Ms. Witzel? >> that's what one of the reason why we wanted the address on the record, your honor, because of course my client it is an international visit. It is a long summer visit. And while she understands father has absolute right to visit with the girls and so do her girls to visit with her father. She wants to make sure that there's no issues with her getting her girls back. So, we wanted to have an address on record in case that happens. Now, we're not saying it's going to happen, but in case it happens she wanted to make sure that something was on the record to make sure that they these girls return. And there's everything good about that, Ms. Saldana? Yes, your honor. They have actually been very good at co-parenting overall. And this isn't the first trip that they go internationally from what I've understood. And so, they have a long-standing long-standing understanding that Mr. Hernandez lives in Panama. Ms. The mother has known about that. So, there aren't any issues that have come at and are up that would trigger any concerns. However, my client, even though he had given her the address before, agreed to give it again. And so, that's why we again today gave that address. Mr. Hernandez, would you raise your right hand? Do you solemnly This will be the last if you haven't already done so, please make your way to the subscription for 289. Those will be closing in 4 minutes and will not reopen. But Mr. Hernandez, unmute your device when the um announcement stops. There There's an unmute button at the bottom of All right. Would you raise your right hand? Do you solemnly swear or affirm that the testimony you will give in this cause will be the truth, so help you God? Yes, Your Honor. You may lower your hand. Sir, is your true and correct name Joel Hernandez Quiroz? Yes, Your Honor. Did you hear and understand the agreement that was told to the court by the lawyers? Yes, Your Honor. Is that your full agreement with Ms. Flores? Yes, Your Honor. Was anything left out? No, Your Honor. Is there anything you want to change? No, Your Honor. Do you believe that this agreement is in the best interest of your children? Yes, Your Honor. It sounded like to the court that the main issue with the agreement is that you would have to disclose the address where your children would be visiting with you over the summer. Tell the court on the record, and it's it's been live streamed and recorded, tell the court on the record the address that your children will be with you during the summer. Yes, Your Honor. Um The address is Arraijan is the county. Panama is the is the country. Is that the information you have, Ms. Soto? Yes, Your Honor. Any questions for Mr. Hernandez? No, Your Honor. Ms. Saldana, any questions for Mr. Hernandez? No, Your Honor. Ms. Flores, would you raise your right hand? Do you solemnly swear or affirm that the testimony you'll give in this cause will be the truth, so help you God? You may lower your hand. Is your true and correct name Linda Lizette Flores? Yes. Ms. Flores, you heard the agreement that was told to the court by the lawyers. Is that your agreement with Mr. Hernandez? Yes. Is that your full agreement? Yes, sir. Was anything left out? No. Is there anything you want to change? No. Do you believe that this agreement is in the best interest of your children? Mr. Hernandez, Ms. Flores, well taken. The court adopts and approves your agreement, finds that this agreement is in the best interest of your children. These orders are due to the court on or before June 29th at 12:00 noon by submission. Please don't wait till then to file, Ms. Soto and Ms. Saldana. And then we'll come back for a final hearing on July 28th at 2:00 p.m. And with the since this is international, include if if not already there and agreed to some daily electronic access. It's already included in the order, Your Honor. Just to clarify, the current order does not specify the the mode, but if we can have my client's daily calls to the kids be done through AppClose to keep track. Any objection? Uh only if it does not waive my client's position that it it is intended to be direct communication between father and children. Not through AppClose. I'm not following. The request is that daily communication be through AppClose, and the objection is what? Uh that for father that it be through direct communication, not through AppClose. So, mom could have her calls with the children through AppClose, but father is asking that his calls be direct communication with the children. Response. So, I'll give we can address it at the final hearing, Your Honor. The kids are going to be leaving on June 9th to visit with dad. When they're in Panama with dad, my client wants to call them through the app close method. Uh, dad wouldn't be expecting daily calls during that time period because he's going to be having the kids in his possession. So, the request is for communication with mom through app close and we'll come back for the final hearing. Any objection to that, Ms. Salenya? Again, no. If in the future it does not affect my clients because part of our motion for enforcement is that the calls be through direct communication, not through app close for father and children. So, no objection at this juncture, but you're reserving the right to object at a future date. Well taken. So, look, put that into the order. Just just know and and and look, Ms. Flores, Mr. Hernandez, I don't care what you all choose or what this court orders. I I In other words, I don't have a preference. However, I do have part of this court my judicial philosophy is that all persons be treated equally. It's very It's highly unlikely that the court is going to order one thing for one person and something for someone else. Whether it's all through app close or all through some other method, just keep that in mind. And And again, I'm not saying I have a preference for one or the other. I'm just saying I highly disfavor different things for different persons. So, if I if we choose FaceTime FaceTime for one, it's going to be FaceTime for all. If it's app close for one, it's going to be app close for all. So, talk to each other about these things. It's not an issue, which is why I'm not making it an issue right now, but Ms. Salenya has already said that it will be an objection in the future. So, talk to each other about these things. Um Your honor, if I may, my We are requesting this because the child has expressed being uncomfortable with the recording from app close. There's a message that say says this this phone call is being recorded And that the daughter has expressed not being comfortable with that. Well, but but if the daughter's uncomfortable with that, why why does it only apply to mom and not dad? In other words, if you don't object to mom and she's being recorded, but you're objecting to dad and when he's recorded, then it the the objection is not in the best interest of the child. It's in the best interest of your client. Okay, then I would object to it. Overruled. App for for both until future uh until future findings by the court. I'm telling you folks, what's good for one is good for all. And if Let me ask you both this before I before I finalize that decision. Ms. Soto, when the app closed device says that it is being recorded, do you know who has access to that recording? Mhm. I don't know who can download that recording. I I can We can ask my client who has access to that recording. Do you know that Ms. Flores raise your right hand? Do you solemnly swear or affirm that the testimony you will give in this cause will be the truth, so help you God? Yes. You may lower your hand as you truly correct name Linda Lizette Flores. Yes. Ms. Flores, what is your understanding about what app close does when it says it's recording? Every recording for both parties, me and him. So, I mean, our attorneys can also have access to that when it's recording calls. Um every call's being recorded either I call him or he calls me when we both talk or when he it's usually him communicating with my daughters. Ms. Saldana, thoughts, comments, questions, objections? Again, my client my client has expressed that the daughter is uncomfortable with that this this uh communication is being recorded. This phone call's being recorded. And so, for that purpose, for that reason, my client filed this amended uh motion for enforcement asking that that uh that the mother allow the calls through the phone or through the iPad to video chat. In fact, that's what exactly what the order says is that the daily commute And so then I guess the question the court has, Ms. Alani is walk the court through that logical inconsistency, that that logical inconsistent position that if the daughter has expressed a concern about recordings you're not objecting to mom, so who cares what the daughter, you know, if she's being recorded while talking to mom. And it's not even relevant until the date after they're returned back to mom, but your objection is at the time that they now have to communicate to dad. Now they have a concern and now there's an objection for recording. What walk the court through that? So um so originally I was not objecting just because we were trying to agree to things, we were trying to move this along. It's uh we're already going to cut it cut the court at 11:30. So I thought, okay, well let me just work with them here. However, if it's going to affect this my client's position and the little girl, then yes, I am going to object to all of it. I mean, yes, it is the child's uh uh who's being affected. May I answer that? All right. May I How about How about warrants? Do you want to N- no. Because I'm going to I'm going to grant your request exactly as it's come in. I'm not making so so I know we're having this right information, but it doesn't affect you. Your objection would be if it would if what everybody's telling the court is true, your objection would really come alive at the time that they're returned to mom. So your concern will be considered at the time that your objection is not a hypothetical, but is in fact a reality. So these are the orders of the court. The orders are due on June the 29th. Mr. Hernandez, Ms. Flores, I wish you both very well. More importantly, I wish your girls a very good summer. Good luck to all. Thank you, Yiannis. Have a great [snorts] day. Thank you, Yiannis. And on