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    Pilat v. Cahoon, case 2

    • Date
      July 19, 2019
    • City/County
      Alexandria City
    • Type of Case
      Guardianship
    • Case Details
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    Title

    Pilat v. Cahoon, case 2

    Date
    July 19, 2019
    State or Country
    Virginia
    County/City:
    Alexandria City
    The Court the Case was filed in

    Circuit Court

    Type of Case
    Guardianship
    Case Number

    17003536

    Judges

    Lisa B Kemler

    Plaintiff

    Jennifer Elizabeth Pilat

    Defendant

    Teri Lucille Cahoon

    Plaintiff Attorney

    Katherine Carlos

    Defendant Attorney

    none, too poor

    Guardian

    Katherine S Bray

    Others that affected your case

    principal of Rosehill Elementary School, Rachal Edwards

    Judges Comments

    THIS CAUSE came to be heard on the 29th day of July, 2019 for a hearing on
    Plaintiff's Petition to Modify Custody and Visitation pertaining to the children of the
    parties, namely MMP, DOB ..., TLCP, DOB ..., and TLCP, DOB ..., and
    IT APPEARING that a material change in circumstances has occurred, to-wit,
    NCE
    CCL
    Plaintiff has completed her studies at the Virginia Theological Seminary and has accepted
    a pastoral position and relocated to Connecticut, and
    WHEREUPON, in determination of the best interests of the children, Court
    having considered each of the statutory factors set forth in the Code of Virginia, and
    specifically as to each factor set forth in Virginia Code $ 20-124.3 but in particular
    factors 6, 7 and 8; the testimony of the parties and their witnesses, the evidence
    submitted and the argument of the guardian ad litem for the minor children, the
    Defendant, and counsel for the Plaintiff, and having stated the basis for its ruling orally
    in court upon the conclusion of such evidence; and
    WHEREUPON having made the following specific findings of fact with respect
    to the best interests of the children:
    1.
    Ms. Cahoon has been unable to accept the termination of the parties?
    IC
    marital relationship and has evidenced such disrespect, hostility and disdain for Ms. Pilat
    such that joint legal custody has failed, and co-parenting is not possible.
    2.
    Ms. Pilat’s testimony at trial was direct and credible. Ms. Cahoon's
    testimony at trial was evasive and not entirely candid, including but not limited to her
    testimony regarding child care provider spending the night at her residence or taking the
    metro home; her description of her home as a 3 bedroom; her testimony that Spanish was
    a primary language spoke in the home for purposes of school ESOL determination
    3.
    Ms. Cahoon has consistently made decisions regarding the children's
    welfare that are not appropriate, and her judgement at times has been suspect, including
    but not limited to the handling of the incident where Tobias set a fire in her bathroom,
    and the incidents and concerns raised in the report of the guardian ad litem including the
    younger children running across the street, allowing the children freedom to roam the
    area and engage in activities without adequate supervision, leaving the children with
    M... overnight which was corroborated by all the children, hiring child care
    providers with no background checks on the basis they were friends and allowing
    potentially inappropriate third parties to have access to the children on the basis that
    "anyone who is a friend of a friend is my friend” and allowing the children to decide
    whether to opt out of vaccinations and flu shots.
    4.
    Ms. Cahoon has failed to demonstrate an appropriate appreciation of the
    educational needs of the children, to include designating Spanish as a “primary language
    spoken in the home for Tobias, surreptitiously recording an IEP meeting which resulted
    in the termination and delay of services.
    5. There is compelling evidence that M behavior toward the younger children is inappropriately “parentified” when in the care of Ms. Cahoon, which is not
    evident when the children are in Ms. Pilat’s care.
    6.
    Ms. Cahoon's lack of judgement and inability to co-parent was further
    evidenced by her disparagement of Ms. Pilat in such a way that it could impact the
    children's feelings toward Ms. Pilat, and Ms. Cahoon's discussing with Tobias the death
    of a beloved teacher without Ms. Pilat's input, and later responding to Ms. Pilat that she
    was "selfish” to maintain such an expectation.
    7.
    The children are closely bonded, and it is in their best interest to live
    together in the same household.
    ADJUDGED, ORDERED, and DECREED as follows:
    A.
    CUSTODY/VISITATION.
    LEGAL CUSTODY. The Plaintiff, Jennifer Elizabeth Pilat, is hereby
    awarded sole legal custody of MMP, TLCP, and TLCP,
    The parties shall keep each other apprised of doctors appointments, activities and
    events of the children sufficiently in advance so that the other parent can attend if desired.
    Specifically, Ms. Pilat shall provide quarterly updates on the children's education and
    academic progress, activities, events, and medical issues including those of a routine
    nature (ie physicals, need for braces) to Ms. Cahoon.
    2.
    NON-DISPARAGEMENT. Neither parent shall discuss the court
    proceedings or engage in any conduct that disparages the other parent in front of the
    children or could cause the children to blame or fault the other parent for the divorce.
    Neither party shall denigrate the other in front of the children or within the children's
    hearing. Neither party shall do anything to hamper the natural development of the
    children's love and respect for the other party, nor shall either party permit third persons
    to undermine the children's relationship with the other.
    3.
    PHYSICAL CUSTODY. The Plaintiff, Jennifer Elizabeth Pilat, is hereby
    awarded physical custody of MMP, TLCP, and TLCP, subject to the visitation schedule set forth below.
    4.
    VISITATION. In the event the parties do not reside in the same
    geographic location, Defendant shall have the following visitation:
    a. SCHOOL YEAR. The Defendant, Teri Lucille Cahoon, shall have visitation in accordance with the South Windsor, Connecticut school calendar to afford
    her the following three day weekends: September 27-30 (Rosh Hashanah); October 11
    14 (Columbus Day); January 17-20 (Martin Luther King Day); February 12-15
    (President's Day and Ms. Cahoon's birthday); and May 22-25 (Memorial Day).
    Specified dates are for the 2019/2020 calendar.
    This visitation shall be required as to Tobias and Teresa; however, Matthew will
    be afforded the option to decline visitation in Virginia in the event he has an
    extracurricular activity or school event that conflicts with the visitation weekend.
    In addition to the visitation in Virginia, should Ms. Cahoon wish to travel to see
    the children in Connecticut, she must provide one week's notice to Ms. Pilat and provide
    her contact information (name, address and phone number of the hotel) if she wishes the
    children to stay with her overnight in a hotel.
    HOLIDAYS. The parties shall alternate major holidays as follows:
    i. Christmas. Winter/Christmas break shall be divided equally.
    The portion containing Christmas day shall be rotated such that each party receives
    Christmas on alternate years. In 2019 and all odd years, Ms. Cahoon has the first half
    containing Christmas and Ms. Pilat has the second half containing New Year's Day. In
    2020 and all even years, Ms. Pilat has the first half containing Christmas and Ms. Cahoon
    as &
    has the second half containing New Year's Day. The children shall be exchanged at noon
    on the half-way point of vacation and at the end of vacation.
    ii. Thanksgiving. Thanksgiving break shall be defined as
    beginning with the conclusion of school prior to Thanksgiving, and concluding the
    Sunday after Thanksgiving. The parties shall alternate Thanksgiving break each year.
    Ms. Pilat shall have 2019 and all odd years and Ms. Cahoon shall have 2020 and all even
    years.
    iii. Spring Break. Spring Break shall be defined as beginning with
    the conclusion of school and continuing through 6 pm day before school resumes. The
    parties shall share Spring Break each year. The half that contains Easer will be rotated
    such that each party receives Easter in alternate years. In 2019 and all odd years, Ms.
    Cahoon has the half containing Easter and in 2020 and even numbered years, Ms. Pilat
    shall have the half containing Easter. The children shall be exchanged at noon on the
    half-way point of vacation and at the end of vacation
    This visitation shall be required as
    to Tobias and Teresa; however, Matthew will be afforded the option to decline visitation
    in Virginia in the event he has an extracurricular activity or school event that conflicts
    with the visitation weekend.
    iv. Summer Break. Ms. Cahoon will have summers with Tobias
    and Teresa, with exception of three weeks (3) vacation time to Ms. Pilat, which Ms. Pilat
    ew
    will determine every year and notify Ms. Cahoon by April 1st of each year. Ms. Cahoon
    will have two weeks visitation with Matthew each summer break, which Ms. Cahoon will
    V
    4
    n
    determine and notify Ms. Pilat by April 1st of each year, except that she will coordinate
    with Ms. Pilat so as to avoid Matthew's extra-curricular activities or summer school.
    5.
    TRANSPORTATION. Transportation for visitation exchanges will be
    shared between the parties, with the parties meeting in a public area at the midpoint
    between their residences (taking into account traffic patterns). If Defendant resides in the
    Washington DC area, the default meeting place will be Hazelton, PA.
    6.
    MISSED VISITATION. In the event Ms. Cahoon is unable or unwilling
    to exercise a particular visitation, she shall notify Ms. Pilat no later than 48 hours before
    such visitation. Missed visitation will not be made up, unless agreed to by Ms. Pilat.
    7.
    FACETIME/SKYPE ACCESS. Tobias and Teresa shall have Facetime or
    Skype access with the non-custodial party initiating every night between the hours of 6-7
    200
    pm (or such other time as the parties may agree). If there is no call between these times,
    the call will be cancelled.
    8.
    UNRELATED THIRD PARTIES IN THE HOME/SLEEPING
    ACCOMMODATIONS. Ms. Cahoon shall not have unknown or unrelated third parties
    staying overnight or renting a room or space in her home while the children are present.
    The children must have a separate bedroom available which is not shared with any other
    m
    a
    adult.
    Ms. Cahoon may have a long -term renter provided she provides to Ms. Pilat that
    person's identity, contact information and background so that Ms. Pilat may interview
    the individual. In the event Ms. Pilat agrees to that individual and has no good cause to
    object, said individual/renter may reside in the home with the children, provided the
    separate bedroom requirement above is met. (The Court found that Ms. Cahoon's current
    m
    residence on James Drive is a two bedroom unit.)
    This provision is not intended to prohibit the presence of a third party with whom
    either party has a serious romantic relationship.
    9.
    SUPERVISION. T and T may not be left alone under any
    circumstances. In the event Ms. Cahoon chooses to leave T and T in the care
    of a babysitter, she must provide the name and contact information (including phone
    number) to Ms. Pilat and provide Ms. Pilat sufficient opportunity to speak to that party
    IT
    and perform a background check in advance of the employment of the babysitter.
    10. PASSPORTS. Ms. Pilat shall maintain custody of the passports for all of
    the children of the parties. Both parties shall have the right to reasonable and appropriate
    travel with the children outside of the country. In the event that either party wishes to
    take the children out of the country for travel, the other party shall be notified within 30
    days of the anticipated travel, and shall provide the other party with a full itinerary
    including location of stay, flight numbers, and contact information. Ms. Cahoon shall
    return the children's passports after any such travel outside of the U.S. within five days of
    her return.
    11.
    TRAVEL NOTIFICATION. If the children are travelling or staying
    overnight in a location other than their primary residence (including but not
    limited to camps) the party who is exercising custodial time during that period
    shall provide to the other party as soon as possible, but preferably no later than
    seven (7) days prior to such travel, written notice of the intent to travel with the
    dates of travel, locations where the children will be, the name and address of the
    location where the children will be staying, flight numbers, and a working
    telephone number where the children can be reached
    11.
    RECORDS OF CHILDREN. Neither party shall be denied access to the
    academic, medical, hospital or other health records of the minor children.
    12. RELOCATION. Pursuant to $20-124.5 of the 1950 Code of Virginia, as
    amended, either party who relocates his or her residence must give thirty (30) days
    advance written notice of any such intended relocation and of any intended change of
    address, said notice being given to both the other party and to this Court.
    IT IS FURTHER ORDERED that the report of the Guardian ad litem shall not be
    shared beyond the parties hereto, counsel, and the Court, and the parties are strictly
    forbidden to upload the report to any social media or internet website.
    IT IS FURTHER ORDERED that the Guardian ad litem fees incurred in this case
    in the amount of $2,663.50 shall be shared equally by the parties and shall be paid within
    III
    30 days. Any amounts unpaid 30 days following the date of this Order shall constitute a
    judgement against a party who has not paid his or her share
    AND THIS MATTER IS FINAL.

    Comments

    The (Sunday) date is wrong as the judge entered it.
    "factors 6, 7 and 8" need investigation
    "testimony of the parties" was established as not permitted for the defendant only and no letters of testimony were read. The judge stated she did not like the format and would not bother.
    Their was never any legal "evidence."
    "and the argument of the guardian ad litem" needs to be read to show blatant bias.
    1. The judge's statement is opinion without any psychological or spiritual representation/credentialing. Joint legal custody was followed to the letter, and co-parenting was working.
    2. Ms. Cahoon was intimidated by bully tactics, having no attorney, confusion over every request having been denied before the case began, flustered by blatant illegal behaviors by plantiff and judge, etc. I answered every question about my friend/babysitter, have no idea about "metro home" or what they pretended to ask, I had a house with 3 bedrooms set up and explained the definition of bedroom as a room with a bed not having been asked "What is the the number of bedrooms according the a real-estate listing?" I spoke 50/50 Spanish and included plaintiff's full-linguistic abilities/home demographics in mentioned form not understanding it was a preliminary ESOL determination. None of this is criminal or malicious activity, is evidence of cultural difference to be discriminated against, holds no bearing on parenting, and is complete and utter bias on the part of all profiteering parties.
    3. "appropriate" is opinion. "judgement" is societal and ethnic. I put out a fire. I was standing with GAL in yard when daughter crossed street. "area" is our yard. "activities" were fully supervised and legal. I never left my children overnight without an adult sitter or even in the same room with the oldest child. There was NO evidence of this claim, only the coerced answers of scared children and an angry adolescent. It is not a legal requirement to background check friends. "inappropriate 3rd parties" never had "access." The children were fully vaccinated according to DR specifications and legal requirements of school.
    4. I never failed at education. I have 2 gifted and talented children, and the other was ignored for 3 semesters before IEP meeting did not ever suggest that recording was not allowed. Delay of services was on part of school to refuse to reschedule any sooner.
    5. Oldest child has since been accused of sexual molestation, has been ordered to sexual therapy, has a record of inappropriate sexual behaviors, and likes to boss younger children around for his sexual pleasure.
    6. "lack of judgement" according to affluent lifestyle is not illegal. I had already demonstrated co-parenting according to judge's abusive orders. The "beloved teacher" was a close friend of mine, and there is no law requiring me to request permission to grieve a death.
    7. The children are not closely bonded, but the youngers are afraid of the eldest due to sexual abuse.

    1. Custody awarded to abandoning parent was illegal.
    2. I never did discuss any court details with children, but eldest made comments and asked questions that proved he knew more than he should.
    3. There was no grounds for changing custody.
    4-6. Notice that the visitation schedule was according a state 7 hours away, having been set up in less that 3 months time by the plaintiff. This was changed in less than 2 weeks when judge knew I was moving to CT.
    7. added expectation by plaintiff: I must request time no less than an hour in advance.
    8. notice all limitations regarding overnight visitors are only for one party, not both parents. Obvious bias against one parent and not concern for children.
    9. notice all limitations regarding childcare are only for one party, not both parents. Obvious bias against one parent and not concern for children.
    10. Passport location is based on plaintiff/party lies/slander from July 2018.
    11. I have received 1 report card out of the 5 requested since this order was made.

    Notice protection of biased and illegal GAL. It was the deciding factor for discrimination and color of law decisions, but it cannot be reviewed by any third party. The expense was volunteered to be paid for by plaintiff, but court chose to ignore.

    Contact Info

    Teri "Yaki" Cahoon
    @teriyakicahoon
    yakiplus3@gmail.com
    803-873-1031

    mood_bad
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