Case # BD458534 Los Angeles Superior Family Court

Setting: 

Superior Court of the State of California

for the County of Los Angeles

Stanley Mosk Courthouse

Family Court Department 63

Date: Tuesday, September 18^th, 2007

The case was called for 8:30 a.m., but was postponed until after lunch due to its ‘complexity.’  It is now the last case of the afternoon.

The Judge is sitting in her place, but then she and the attorneys both get up and leave the courtroom to go into her chambers/office (upstage, just right of center). 

Mr. and Mrs. Abramowitz are left in the courtroom.

After the Judge and the attorneys are behind the closed chambers/office door, the courtroom erupts in conversation, cell phone tones, Blackberry beeps, etc. 

Mr. Abramowitz stalks down the aisle, glares at Mrs. Abramowitz, and goes out into the hall.

Suddenly, the courtroom is abuzz.  The jury in Phil Spector's murder trial for the death of Lana Clarkson has just come back hung. 

Everything that follows is a matter of public record.

Act I

Judge Goldstein

Number 14, Abramowitz

Charles Ver Hoeve

Good afternoon, your honor.  Charles Ver Hoeve on behalf of petitioner, Harold Abramowitz, who is present.

Michael Malak

Michael Malak, M-A-L-A-K, for respondent Mira-Lani Abramowitz.

Judge Goldstein

Have the parties both been sworn this morning?

Michael Malak

No.

Officer Bryant

Do you solemnly state that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. Abramowitz

Yes.

Mrs. Abramowitz

I do.

Judge Goldstein

Counsel and I met in chambers and I had expressed some real concerns regarding some of the issues raised by both sides in this case.  And because of the issues raised by both sides, I believe there’s a need, although the court’s not always Solomon, and the nature of these issues make it very difficult to [sic] the court without outside assistance to make a determination by preponderance of the evidence.  It’s more of a he said/she said as to what is really in the best interest of these children, Harriet and Theodore.

   Further, without more factual information, I can’t even determine the parentage, which is disputed, of Harriet. Although it would appear, at least if one were to believe Mr. Abramowitz's, the Petitioner’s, testimony, and I believe not disputed by Mrs. Abramowitz, the Respondent, that that period of time Mr. Abramowitz, the Petitioner was held out to be the father, to the outside world, of Harriet, and he took her into his home and held her out to be his child, and therefore may indeed be the Presumptive Father under the Family Code.

   So, I think custody and visitation as to both the children are very much at issue in this case.

Michael Malak

May I, your honor?  I don’t dispute that he held the child out, but that is a presumption that can be rebutted.

Judge Goldstein

I don’t want to get into an argument and cause both sides to argue here.  I’m just stating issues that I see that are in play and why the court is unable to make a determination of those issues on what it has in front of it at this time.

   The nature of the allegations is—some of the peripheral, even undisputed facts between the parties lead me to conclude that we need certain things to take place in this case.  I believe we need a Custody Evaluation done.  And I believe we need a Psychological and Psychiatric Evaluation done of both parties as part of the Custody Evaluation.

   And accordingly, it is my intent to appoint one of the two psychiatrists who work with the court, Suzie Dupée or Dr. Kenan to do both the--to do both.  Start first with the parents and then do the custody evaluation.

   In the meantime, if you would call the child interview and see what the earliest, the very earliest child interview for two children I can get.  I’m inclined to do also child interviews. [sic] I have a concern based on the declarations submitted by both parties that there may be Parental Alienation going on.  That may have led to, because of the age of the children, the refusal of the children to speak to or acknowledge the presence of Mr. Abramowitz, the Petitioner.  It is so highly unusual in children of their age with the loss of the presence of the parents.  And I will need to eliminate that possibility, or at least determine what Parental Alienation has taken place.

   Nothing else in the papers suggest [sic] a reason for it because children of such tender age, as particularly, Theodore, would suggest by the conduct alleged by Mrs. Abramowitz, the Respondent, could account for that type of a reaction.  If I were to take everything alleged by Mrs. Abramowitz, the Respondent—His coming to the house, looking in the room, looking through the window.  Frankly, I think the five-year-old probably thinks it’s a game.

   When I find out the ability for a child interview, I don’t want to interview the children in this case. I would rather have a social worker experienced in doing child interviews and evaluations do the interviews, if there is one that’s recently available. 

(Erin Wright, Court Clerk, indicates a date on the calendar.)

Judge Goldstein

October 24^th will be the child interviews.  That’s sooner than I thought.

(to Erin Wright)

   Mrs. Abramowitz, the Respondent is to bring the children at nine a.m..  I’m going to appoint, and I’ll have to get dates for her, Suzie Dupee to do the psychological and psychiatric evaluations.  The parents don’t have to be present, but at 11 o’clock, you will be here.  The evaluator interviews the children at nine.  You bring the children to the Evaluation Office at nine and both parents appear with court—with counsel—at eleven.  Dr. Dupee to do the psychiatric evaluation and custody eval., and have the County appoint someone. 
   With respect to the pending October 24th child interview, does Mr. Abramowitz, the Petitioner have anyone who can monitor visitation? 

(to Mr. Ver Hoeve) 

Did you speak to them about that?

Mr. Ver Hoeve

Yes, I did, your honor.  I believe his father would be available to do that?

Judge Goldstein

And how old is your father?

Mr. Abramowitz

81.

Judge Goldstein

Is there anyone else?  November 20^th will be the hearing on a psych evaluation, which means it will be completed by November 20^th, which is good.  Suzie Dupee would do the evaluation.  Parties will fill out a form and, presumably, either Dr. Dupee or the office downstairs will be in touch with them to set it up. They’ll do the paperwork for it and then it will be completed by the 20^th.  I’m pretty sure there will be some psychological testing involved.  I’m also ordering a full child custody evaluation to be done as soon as possible.  That takes a longer period of time and that will be scheduled through the child custody evaluation office.  With respect to fees, at which time I’m going to waive the fees for Dr. Dupee, and at the October 24^th hearing, I’m going to ask the parties to submit income and expense declarations, which you haven’t submitted at this time.  And I will make a determination regarding, what, if any, contribution to the child custody evaluation each of the parties should make.

Mr. Malak

Thank you.

Judge Goldstein

In terms of the form, waive pending further order of the court, but it’s likely I will ask the parties to make some kind of contribution to the county for the evaluation.  Because the child interview—you were able to get it in so quickly . I’m torn as to whether the issue of any preliminary orders before then to try to set up any monitored visitation or the like.

(to Mr. Abramowitz) 

You live where?

Mr. Abramowitz

In Van Nuys, in the valley.

Judge Goldstein

(to Mrs. Abramowitz)

And you still live on Hayworth?

Mrs. Abramowitz

I’m in the process of moving this month.

Judge Goldstein

To where?

Mrs. Abramowitz

To Echo Park.  We’re moving this month, at the end of the month.

Judge Goldstein

There are professional monitors who will monitor not in an environment where you go into a monitor service, but actually will go to the park with you, or whatever. 

(to Mr. Abramowitz)

What is your monthly income?

Mr. Abramowitz

Before taxes, I don’t know.

Judge Goldstein

What do you make a year?

Mr. Abramowitz

Forty-six or 47 thousand.

Judge Goldstein

I think you can probably hire a professional monitor who would go with him.  There are a lot of those people.

Mr. Ver Hoeve

I don’t know if the Respondent, Mrs. Abramowitz, would object to—there’s a long time friend of Mr. Abramowitz.  His name is Kevin Zemlicka.

Judge Goldstein

What does Mr. Zemlicka do?

Mr. Abramowitz

He’s an elementary school teacher.

Judge Goldstein

(to Mrs. Abramowitz)

Is there any reason why you would object to him?

Mrs. Abramowitz

Harold and Kevin are old friends from junior high school and high school, and during the course of the marriage, Harold would not facilitate any interactions between the families.  So the children, they’ve only met him on a couple of occasions.

Judge Goldstein

Well, the children are not going to know a monitor who he hires off the street.

Mrs. Abramowitz

I understand, but I’m, well—

Judge Goldstein

At least he’s an elementary school teacher.

Mrs. Abramowitz

It would be better to have a professional.  It’s not about Mr. Zemlicka. I wrote him his recommendation for becoming an elementary school teacher.

Judge Goldstein

I’m going to approve of Mr. Zemlicka in the meantime.  We’re not talking about overnight visitation.  We’re talking about a three or four hour period on Saturday or Sunday.  Do you observe the Sabbath on Saturday?

Mrs. Abramowitz

Yes, we do.

Judge Goldstein

Do you have lights off?

Mrs. Abramowitz

Not as much as we would like to, but to an extent.

Judge Goldstein

I’m trying to figure out if the children are able to go out on a Saturday afternoon.

Mrs. Abramowitz

Able to, yes.

Judge Goldstein

Is there any religious reasons [sic] why they cannot have visitations on a Saturday?

Mrs. Abramowitz

No.

Judge Goldstein

Or would you prefer it to be on a Sunday?

Mrs. Abramowitz

That isn’t—No, it doesn’t matter.

Judge Goldstein

(to Mr. Abramowitz)

Would you prefer a Saturday or Sunday?

Mr. Abramowitz

Either is fine.

Judge Goldstein

Do you want to rotate one Saturday one week or do [sic] you rather have it specific?

Mr. Abramowitz

A specific day.

Judge Goldstein

How about Saturdays from ten to three?

Mr. Abramowitz

Yes.

Mrs. Abramowitz

That’s longer than he ever spent with the children during the marriage and when he lived with them.  He’s only spent a few hours at a time, at any time, with the children.

Mr. Ver Hoeve

I don’t think that’s Mr. Abramowitz’s understanding of the history of his contact with the children.

Mr. Malak

Well, we did go from three to four to five.

Judge Goldstein

Ten to two.

Mr. Abramowitz

Ten to two is fine.

Mr. Ver Hoeve

We’ll accept that considering that there has been an absence of time.

Judge Goldstein

There’s been an absence and we have to do a step-up anyway.  Let’s do ten to two starting this Saturday the 22^nd and the 23^rd.  And if things are going well, we can increase it to the—and the six—ten to three on the 13^th and 20^th and then we’ll be here on the 24^th.

Mr. Malak

Your honor, this Saturday is Yom Kippur.

Judge Goldstein

We’ll make it Sunday then.  It starts this Sunday the 23^rd.  And then it will be the following Saturday the 29^th, ten to two; and on the 6^th, ten to two; and then on the 13^th, ten to three and on the 20^th, ten to three.  Will your friend, Kevin, be available?

Mr. Abramowitz

I have to confirm.

Judge Goldstein

If he is not available on Saturday, only available on a Sunday, you are to give notice to--can he give notice directly to Ms. Abramowitz or 

(to Mr. Ver Hoeve) 

do you want it through your office?  If there has to be a switch of schedule due to Mr. Zemlicka’s schedule.

Mrs. Abramowitz

I’m so sorry, but I don’t understand why Kevin is qualified.  I don’t think he has the qualifications to be a monitor of when Harold is dangerous.

Judge Goldstein

I’m not finding any evidence that Harold is dangerous at this time.  We’re going to do a custody evaluation.

Mrs. Abramowitz

And in the meantime, the children must be forced to see him and go on a visit, and go out on an outing with a non-professional, Mr. Zemlicka.

Judge Goldstein

We do non-professional monitors all of the time.  And this is not a restraining order, domestic violence case.  There is no allegation of physical violence here.  Mr. Malak, I don’t see any evidence of physical violence having been made in this case.  There is evidence that he is hanging around the neighborhood, looking in windows to see the kids.

Mr. Malak

We got a car chase.

Mrs. Abramowitz

And the only reason I didn’t file the domestic violence was because I thought we were supposed to try to work out everything before we went to court.

Judge Goldstein

I’m going to ask that it can either be arranged directly between the parties if we have to change the schedule because of Mr. Zemlicka or, four hours a week is, I think, very reasonable.  And if there are problems, counsel will—please communicate with each other.  If Mr. Zemlicka can’t do it on Saturday, I’m authorizing the Sunday.  If he can’t do it Saturday or Sunday, then you’re going to miss the weekend.  I’m not authorizing any other day.

Mr. Ver Hoeve

I appreciate that. Thank you, Your Honor.  I would encourage the parties to have civil contact.

Judge Goldstein

There are to be no disparaging comments made to the children about the other party within their earshot or within their earshot by each party or any other party including any other resident within the homes.  No attempt by respondent or her current living partner to discourage the children from going on these visitations.

Mrs. Abramowitz

I never have.

Judge Goldstein

Neither party will discuss the litigation with the children or allow anyone else to do so nor should it be discussed within their earshot.  Those are standard orders. 

(to Erin Wright, the Clerk)

Take my other pre-standard custody orders, second shelf down.
   I have not made any custody orders yet, but those orders should tell you the type of things that this court—

Mr. Ver Hoeve

Your Honor, thank you very much. One last thing, there is no way for Mr. Abramowitz to contact Mrs. Abramowitz directly. He doesn’t have a telephone number.

Judge Goldstein

Well, both parties should have telephone numbers.

Mrs. Abramowitz

He has my number. He’s called there.

Judge Goldstein

Will you calm down, Ms. Abramowitz? Let me tell you, I know that these are emotional, personal issues. You should allow your attorney to argue for you because you don’t realize it when it’s this close to you, but you’re not doing yourself any good.

   Both parties must know where the children are at all times and have telephone numbers, cell and house number so that they can communicate, if necessary, about the children. Those are to be exchanged now and, if you move, you are to give such numbers also. Both parties should have each other’s email addresses, and I recommend as much communication by email as possible, in light of the emotional elements of this case.

   Both of you are ordered to read your emails each day so that you can’t say, ‘I didn’t see it.’

Mr. Ver Hoeve

Okay, thank you, Your Honor.

Judge Goldstein

Who will prepare an order after hearing?

Mr. Ver Hoeve

I’ll prepare an order.

They can have their communication by email--

Judge Goldstein

Fine, unless it’s an emergency.

Mr. Ver Hoeve

But they are to exchange home and cell phone numbers.

Judge Goldstein

Yes, and exchange addresses if anyone moves.

Mrs. Abramowitz

With regard to telling the children about this plan for this Sunday and then next Saturday—

Judge Goldstein

Just say, ‘You’re going to see Daddy, DaDa, or Harold, or whatever you call him, on Saturday.’

Mrs. Abramowitz

And when they say, ‘No, we don’t want to,’ what do you want me to say?

Judge Goldstein

‘It will be good for you. You’ll have a good time.’

Mrs. Abramowitz

That would be a lie.  I’ll just say, ‘The Judge ordered it.’

Mr. Malak

Yes.

Judge Goldstein

No, you don’t say, ‘The judge ordered it,’  You’ll say, ‘You’ll have a good time. Your DaDa wants to see you.’ You’ll make them very happy.

Mr. Malak

What if the children refuse, your honor, that’s a possibility given—

Judge Goldstein

The nine-year-olds don’t get to decide where they go, because you’re the parent and you say they must go.

Mrs. Abramowitz

And am I allowed to say, ‘You must go because the Judge said so?’

Judge Goldstein

How do they know what a judge is or why there’s a judge?

Mrs. Abramowitz

They’re not stupid.

Judge Goldstein

There is a five-year-old.  How do they [sic] know you have a judge?

Mrs. Abramowitz

They saw what he 

(indicating Mr. Abramowitz) 

did.  They saw what he did.  They were there when he was yelling and banging on the windows.

Judge Goldstein

You’re saying that they know that there’s a lawsuit involved.

Mrs. Abramowitz

Because of him, not because of me.

Judge Goldstein

Why?  He told them there was a lawsuit involved?

Mrs. Abramowitz

He yelled a lot.  He said a lot of things.

Judge Goldstein

That doesn’t mean they know there’s a lawsuit.  That means you’ve told them that Daddy has filed a lawsuit.

Mrs. Abramowitz

No, I don’t think so.

Judge Goldstein

Well, they don’t know there’s a lawsuit, so they don’t know there’s a judge.

Mrs. Abramowitz

I think they know.  They know I had to go today to see a judge because they wondered why I wasn’t home with them.

Judge Goldstein

Well, don’t you go to work?

Mrs. Abramowitz

I work from home now except for one day a week.  I teach online so that I can be home with the children.

Judge Goldstein

And you never lied to them by saying—

Mrs. Abramowitz

I never lie to my children, but I don’t tell them everything.

Judge Goldstein

Some things are better not said.  You need not tell them when you’re going to court.  You can tell them you’re doing something else, doing business.  And if you’re ordered to tell them something else, you can do it.  It’s not a lie then.

Mr. Ver Hoeve

Thank you.

Mr. Malak

Thank you.

Veronica Porras

Proceedings concluded at 3:00 P.M.

I, Veronica Porras, Official Reporter of the Superior Court of the State of California, for the County of Los Angeles, do hereby certify that I did correctly report the proceedings contained herein and that the foregoing pages comprise a full, true, and correct transcript of the proceedings and testimony taken in the matter of the above-entitled cause on Tuesday, September 18, 2007. 

Veronica Porras, CSR No. 12703, Official Reporter.