WA WA - Sky Metalwala, 2, Bellevue, 6 Nov 2011 - #14

[KMouse]

:great: :woohoo: :great:

Now when is the next hearing to drop the order of protection?

MOO

They should DROP an order on her alright.

 

[Cubby]

I hope so too. I STRONGLY believe she will try to leave the country or state with her if she is given unsupervised visits. Or, she will arrange to have her whisked away somewhere. Her relationship with little M is extremely unhealthy.

I'd expect to be reading about a murder/suicide if Julia is allowed to be alone with her daughter.

jmo

 

[Cubby]

They should DROP an order on her alright.

Perhaps something else should be dropped on Julia, slapped on Julia and locked up with iron bars.


Next stop for Julia!
:behindbar


moo

 

[SurfieTX]

Sky's mother, Julia Biryukova, will have supervised visits with restrictions

http://www.kirotv.com/news/news/father-wins-custody-sky-metawalas-sister/nFtTT/

 

[LCoastMom]

Sky's mother, Julia Biryukova, will have supervised visits with restrictions, said reporter Jeff Dubois, who also attended the custody hearing in Kent.

http://www.kirotv.com/news/news/father-wins-custody-sky-metawalas-sister/nFtTT/

SM one step closer to having custody...I hope they clear his protection order quickly. It's been a month.

 

[Cubby]

I so wish they would release the details of the supervised visits. I'm hoping and praying it is at a visitation center with professional supervisors which Julia is required to pay for.

There is something called King County Safe Havens supervised visitation center. I'm hoping this is what the courts will require of Julia. (can't find a current link for SHVC, just older stuff.)

I also take it this means that child and spousal support will end since Julia will no longer be caring for young children and can go get a job to support herself. She'll have to pay child support to SM.

 

[SurfieTX]

And what is with these judges and commissioners giving visitation and custody when the appointed child's advocate opines differently, i.e. Dale Smith and JB?

What's the damn point in having one if they won't listen to their recommendations?

 

[LCoastMom]

I so wish they would release the details of the supervised visits. I'm hoping and praying it is at a visitation center with professional supervisors which Julia is required to pay for.

There is something called King County Safe Havens supervised visitation center. I'm hoping this is what the courts will require of Julia. (can't find a current link for SHVC, just older stuff.)

I also take it this means that child and spousal support will end since Julia will no longer be caring for young children and can go get a job to support herself. She'll have to pay child support to SM.

I doubt if this will effect JB's spousal support IIRC two separate issues, but she should be paying child support to the state and then to SM and paying for the supervised visitation.

Her RIGHTS astound me. SKY had the right to grow up healthy and loved by both parents, I wonder what happened to those RIGHTS?

 

[SurfieTX]

During a hearing in Kent this morning, Metalwala was awarded custody of M. Metawala as soon as a domestic violence protection order against Metalwala is rescinded or modified. The order was obtained falsely by Metalwala’s estranged wife, Julia Birykova, during their contentious divorce, according to Metalwala’s attorney.

The protection order could be modified as soon as this week. The hope is that Metalwala will be reunited with his daughter by Dec. 18, the girl’s fifth birthday.

http://today.seattletimes.com/2011/12/missing-boys-father-to-regain-custody-of-daughter/

 

[pdxmama]

So happy Little M may get to be with daddy for her birthday AND Christmas this year.

 

[KMouse]

During a hearing in Kent this morning, Metalwala was awarded custody of M. Metawala as soon as a domestic violence protection order against Metalwala is rescinded or modified. The order was obtained falsely by Metalwala’s estranged wife, Julia Birykova, during their contentious divorce, according to Metalwala’s attorney.

The protection order could be modified as soon as this week. The hope is that Metalwala will be reunited with his daughter by Dec. 18, the girl’s fifth birthday.

http://today.seattletimes.com/2011/12/missing-boys-father-to-regain-custody-of-daughter/

I find this ridiculous. There is no reason the protection order could not have been removed today. It is in the best interest of M! Dec 18th/ Good grief. Poor kid.

 

[Cubby]

The 18th is 2 weeks from yesterday. Why so long?

 

[Coldpizza]

I'm hoping there will be alot of pressure and outrage from the public that will help speed things up.

 

[maedlamsmom]

I am just so happy that SM has been awarded custody and that Miss M will not have to spend her birthday and the holidays in a stranger's home. I know that most foster parents are loving, but there is no substitute for a responsible, nurturing, loving daddy.

I can't really understand why JB would have gotten any visitation at all. Did the court give any reasons why it came to this decision? Do they really feel that contact with Julia would be beneficial to this child at all? Especially if, as her attorney states, JB is so devastated and heartbroken over Sky that she can't even appear in court for the hearing. What does she have to offer a small child, in that case? Even if the court was disregarding the premise that she had anything to do with Sky's disappearance, the court must have come to the conclusion that the allegations JB made were false, or they wouldn't have given SM custody. So, it stands to reason that the court believes that JB has attempted to separate her child from SM for her own selfish reasons, which in my opinion is abhorrent behavior and not positive for Miss M in any way. It appears to me that the court gave visitation, not in the best interest of the child, but for the mother. Isn't that exact opposite of what these proceedings are for?

 

[MsDetective]

IMO The judge should've said she could have supervised visits after she sat down with police and answered their questions.

 

[Jayarre]

Anyone know if this was the same "commissioner" that was involved with the other decisions that took away SM's rights.

 

[gitana1]

Sky's mother has refused to speak with investigators since giving her initial report about his disappearance.

http://www.katu.com/news/local/Police-renew-push-to-find-missing-2-year-old-boy-134972793.html


Innocent parents do not refuse to speak with law enforcement regarding their missing child.

Sky has now been missing for 4 weeks and a day.

Where are you Sky?

It IS that simple.

ChrisDaniels5 Chris Daniels
DSHS: "In the Custody hearing, the wrong parent may have won".

#searchforsky
26 seconds ago

So sad it came to this before they figured that out.

Understatement of the millennium. A child would quite probably be alive had the right parent won.

Gotta wonder how much children's blood is on DSHS/CPS hands. :furious:

CPS cleared him, according to Solomon and his attorney. It was family court that denied him custody. Those are two different things.

Anyone know the restrictions if any on Julia's visitations ?

And hopefully visitation will be supervised by a court appointed supervisor, not related to JB or her enabling family.

I so wish they would release the details of the supervised visits. I'm hoping and praying it is at a visitation center with professional supervisors which Julia is required to pay for.

There is something called King County Safe Havens supervised visitation center. I'm hoping this is what the courts will require of Julia. (can't find a current link for SHVC, just older stuff.)

I also take it this means that child and spousal support will end since Julia will no longer be caring for young children and can go get a job to support herself. She'll have to pay child support to SM.

I guarantee that the severe restrictions include highly supervised visitation at a highly secured location. It will be interesting to see if Julia will actually go to such a germ infested place to interact with her daughter.

Her visits will be recorded, either by a person taking notes or via video. I hope it's video. If she says inappropriate things, the visit can be halted. I pray they have someone who is very highly trained for this and knowledgeable about the circumstances.

It would be interesting to see how M reacts to her mother. I get the sense that foster care is much better than life with Julia.

I wonder if this case was bumped from juvenile dependency court jurisdiction and back to family court, whether Solomon could do what Kyron's dad did. Try to prevent visitation unless she undergoes a child custody investigation or deposition. Generally, those are avenues that are possible in family court while in juvenile dependency court, depositions are rare and only with court approval and child custody evals do not occur in the same way that they do in family law cases (at least in California).

Instead, you have social services investigating and giving its report and CASAs (or GALs) giving their reports. But this limits Solomon's ability to argue that until she undergoes a depo or answers questions via other discovery means, or undergoes a private custody evaluation, she should not be granted visitation.

 

[pferrin]

I really dont think julia will show her face in public to try to visit with M. The media would definitely take the opportunity to hound her.

 

[gitana1]

Anyone know if this was the same "commissioner" that was involved with the other decisions that took away SM's rights.

It should not be. Family law court, which hears divorce and "paternity" cases is a different jurisdiction than juvenile dependency court which hears cases when kids are taken into protective custody by the state.

Solomon still has to go before that other commissioner, though, to try and get his restraining order dropped or modified. We will find out very quickly whether she now believes her earlier decision was in error, or not.

BTW, the reason it takes so long for him to go before the court to get the RO dropped is because there are procedural avenues one must follow. I don't know what those are in WA. In California, the other side gets 30 days notice. But, one can be granted "an order shortening time" and have the case heard more quickly, if cause can be shown that that is appropriate.

I believe that is what his attorney is probably doing. The only other way to get quick results is via an "ex parte" or emergency hearing. But the law seriously restricts when such emergency orders are appropriate. In most states, one must show some form of imminent harm. And while we may think that having M in foster care, rather than with her daddy is "imminent harm", the courts are unlikely to look at it that way.

Also, in case anyone is interested, I believe that Solomon may not be able to get the RO totally dropped, just modified to remove the children as "protected parties". That's because the court will be reluctant to admit that it totally blew it and that there was no reason at all to issue any kind of RO against Solomon. They may keep it in place for Julia but drop it for the kids.

 

[gitana1]

I really dont think julia will show her face in public to try to visit with M. The media would definitely take the opportunity to hound her.

But they would have to know where Julia is and when visitation is scheduled.
Do we know for sure that she is at her brother's?

Boy, if she is there, wonder how he feels about having her. I bet his apartment is very different right now. Do you think he's allowed to use his bathroom? :crazy: