Tsimhoni Vs. Tsimhoni: Full Court Documents In The Tale Of The Jailed Michigan Kids 4.14.15 [4 of 13] Read the full article recapping the case here: http://everything-pr.com/tsimhoni-vs-tsimhoni/258461/

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STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
MAYA EIBSCHITZ-TSIMHONI,
Plaintiff,
v Case No. 09-766749-DM
OMER G. TSIMHONI,
Defendant./
MOTION HEARING
BEFORE THE HONORABLE LISA GORCYCA
Pontiac, Michigan - Wednesday, March 4, 2015
APPEARANCES:
For the Plaintiff: ANDREW M. BOSSORY (P74364)
2400 South Huron Parkway
Ann Arbor, Michigan 48104
(734) 327-5030
RENEE K. GUCCIARDO (P47884)
30700 Telegraph Road, Suite 1580
Bingham Farms, Michigan 48025
(248) 723-5190
For the Defendant: KERI MIDDLEDITCH (P63088)
600 South Adams, Suite 100
Birmingham, Michigan 48009
(248) 358-8880
Guardian Ad Litem: WILLIAM LANSAT (P36752)
280 North Old Woodward, Suite 250
Birmingham, Michigan 48009
(248) 258-7074
Transcription by: Sandra Traskos, CER 7118
Accurate Transcription Services
(734)944-5818

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TABLE OF CONTENTS
PAGE
WITNESSES
None
EXHIBITS RECEIVED
None offered.

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Pontiac, Michigan1
Wednesday, March 4, 2015 - 12:01 p.m.2
* * * * * *3
THE CLERK: Tsimhoni vs. Tsimhoni, case number4
09-766749-DM.5
MS. MIDDLEDITCH: Good morning your Honor, Keri6
Middleditch on behalf of the Defendant, Omer Tsimhoni, who7
is present to my--well he’s approaching.8
THE COURT: Good mor--good afternoon.9
MR. BOSSORY: Good mor--or good afternoon your10
Honor. Andrew Bossory appearing along with co-Counsel11
Renee Gucciardo on behalf of mother, Maya Eibschitz.12
THE COURT: Morning.13
MR. LANSAT: Your Honor, morning, I’m William14
Lansant, GAL. I wanted to say for the record your Honor15
that we’ve worked it--we’ve worked out a--dad has moved16
back. We’ve worked out a--17
THE COURT: I’m so happy you’re back.18
MR. LANSAT: --yeah we worked out--19
THE COURT: Welcome back.20
MR. LANSAT: --a proposed parenting plan. We’d21
like to come back in 30 days. I think Ms. Middleditch is22
gonna request to adjourn the show cause for 30 days which23
is fine, to see how this is going. I do want to24
compliment miss--Mr. Bossory on the case. He’s been very25

4. 4
professional in working with everybody. Obviously--1
THE COURT: Welcome.2
MR. BOSSORY: Thank you Judge.3
MR. LANSAT: --Ms. Gucciardo too--4
THE COURT: It’s nice to see you.5
MR. BOSSORY: Nice to meet you Judge.6
MR. LANSAT: --but he’s been documenting visits7
and helping us out so he’s been an asset here. So we8
wanna put this on the record and hope this thing works in9
30 days. But we do need a date.10
MS. MIDDLEDITCH: My unders--11
MS. GUCCIARDO: But probably not on a Wednesday,12
we were thinking--13
MR. BOSSORY: Oh--yes.14
MS. GUCCIARDO: --just ‘cuz it’s so chaotic.15
THE COURT: I think Wednesday mornings would be16
that good.17
MS. MIDDLEDITCH: Your Honor if I may, I do18
believe we’ve reached an agreement. Um--the order to show19
cause the Plaintiff I--I’m asking that it be adjourned 3020
days to a date mutually convenient for the parties and21
attorneys here. Um--I believe the agreement is that22
Defendant father shall have parenting time with the23
children pending the review hearing as follows: every24
Saturday with Natalie and Roey (ph) from six to nine p.m.,25

5. 5
every Sunday with Liam from 11 a.m. to 2 p.m., and there1
will be a mid-week dinner every other week to be2
coordinated with Art Gallagher in contemplation of the3
children’s activities. Art Gallagher shall continue with4
supervising the parenting time. Um--Plaintiff shall be5
responsible for transporting the children to and from the6
parenting time. Um--the parenting time on the weekends7
shall transpire on my Defendant’s home--or at my client’s8
home--or the Defendant’s home. I suspect that the mid-9
week parenting time will occur at a restaurant or what10
have you for a mid-week dinner.11
Um--I am concerned about a couple of things.12
Um--I believe that accurately states our agreement. I13
believe there’s already an entered order with the Court14
regarding joint legal custody. My client has gone to the15
home and we’ve talked about this--gone to the school to16
access records. School’s very concerned and takes my17
client into a special room, away from the kids, because18
clearly they are aware of supervised parenting time and19
have some sort of notion of my client um--not being20
allowed to have unsupervised parenting time. So um--I had21
attached to my motion a proposed joint legal custody22
order. I’m asking that that also be adjourned for 3023
days--24
THE COURT: Okay.25

6. 6
MS. MIDDLEDITCH: --and we’re gonna try to work1
something out but that’s what gives rise to my concern as2
a matter of full disclosure. Um--the other thing--3
MR. BOSSORY: May I respond to that point Judge?4
THE COURT: She just wants to put it off 305
days, is that okay?6
MR. BOSSORY: Sure that--that’s fine.7
THE COURT: Unless you want me to grant her8
motion right now?9
MR. BOSSORY: Oh no I would just like to put a10
response on the record. I have no information about the11
school’s involvement and if there are concerns or issues I12
would ask that be provided by Counsel so I can address it13
and make sure that everything’s out in the open.14
MS. MIDDLEDITCH: I just put it out there.15
THE COURT: If necessary sure--16
MR. BOSSORY: Thank you Judge.17
THE COURT: --sure, absolutely.18
MS. MIDDLEDITCH: Um--the other thing is in the19
event that--I know we’re gonna schedule a review hearing20
in 30 days and we’ll get a date from your clerk and I’ll--21
I’m happy to put that in the order but if things go south22
for lack of a better phrase, I don’t wanna wait 30 days.23
THE COURT: No you’d come right away. Emergency24
motion.25

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MS. MIDDLDITCH: So--and could--could I just1
contact your clerk and we’ll try to coordinate something2
ASAP?3
THE COURT: Mm-hmm. We will put you--4
MR. BOSSORY: And just--5
THE COURT: --a--first date possible.6
MR. BOSSORY: --and just to put that out there.7
One of the things that we had proposed--8
THE COURT: And same with you--we would do the9
same for you.10
MS. GUCCIARDO: Thank you.11
MR. BOSSORY: Thank you. And--and one of the12
things that we had proposed was to start reunification13
therapy now that Mr. Tsimhoni’s back in the country--14
THE COURT: So--great--15
MR. BOSSORY: --um--I think that it has a shot--16
a better shot than when he was working. I--I’ve talked to17
Mr. Lansat and--18
THE COURT: When he was working? You’re not19
working?20
MS. GUCCIARDO: He was in Israel.21
MR. BOSSORY: When he was in Israel working.22
THE COURT: Oh.23
MR. BOSSORY: He’s--he’s in Michigan now. I24
apologize if I misstated that.25

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THE COURT: I (indiscernible) didn’t know you1
lost your job.2
MR. BOSSORY: Um--I’ve been talking to Mr.3
Lansat quite a bit about that, at this point um--he wants4
to focus on getting the parenting time started and that’s-5
-that works with me. I just wanted to make sure that6
that’s out there--that’s something that we’re willing to7
do--8
THE COURT: Thank you.9
MR. BOSSORY: --ah--if the Court wants to10
entertain that.11
MS. MIDDLEDITCH: May I respond?12
THE COURT: Yes.13
MS. MIDDLEDITCH: I believe there’s already a14
court-order in place that gives Mr. Lansat the authority15
to implement a counselor or mental health therapist--16
MR. LANSAT: If--but I don’t wanna do it now.17
MS. MIDDLEDITCH: --and I happen to agree with18
Mr. Lansat.19
THE COURT: Okay. Mother, I--I’m very hopeful20
the next 30 days provide something good to say on your21
behalf because I will tell you when I read Ms.22
Middleditch’s verified motion I was less than displeased23
which I don’t even know what word that would be. And I24
know you have a lengthy response but I’m hoping we won’t25

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have to--I’m hoping that dad’s home and things go1
remarkably, surprisingly well. ‘Cuz I would hate for your2
sake to have to hear this motion.3
MS. MIDDLEDITCH: Your Honor may I say one4
thing?5
THE COURT: Is it gonna help?6
MS. MIDDLEDITCH: I think--I think so.7
THE COURT: Okay.8
MS. MIDDLEDITCH: I hope so. I think it’s9
really important and I’m, of course directing my comments10
to the Plaintiff but I’m sure the Court could say it to11
anybody coming before you that it’s really important that12
we don’t just follow the orders to a T but that we follow13
the spirit of the orders. We can’t just say I brought the14
kids there and dropped them off--like facilitating that15
real relationship. He is here. He is their father. He16
has never given up. I think it is remarkable--remarkable17
that after the years that he had to finish in Israel he18
was able to obtain that transfer and come here. Um--I19
really think it’s more than just dropping them off at the20
parenting time but it’s actually encouraging that21
relationship and saying, hey, he’s not a bad person, he22
does love you, and go talk to him and tell him about your23
extracurricular activities, tell him about school, and24
really encouraging that relationship.25

10. 10
MR. BOSSORY: Judge I--I--1
THE COURT: I completely--2
MR. BOSSORY: --I agree--I agree as well.3
THE COURT: --completely agree with that.4
MR. BOSSORY: But the--the issue here--it’s not5
just the relationship and what mom can do, the--the break6
in the bond is between dad and the children and I think we7
all have to agree on that. That’s where the--that’s the8
problem and one of the things we have to try and fix is9
the bond between dad and the children, which is why we10
offer reunification therapy. I’ve been working with mom11
and--and Mr. Lansat for the last three months. She’s been12
doing everything that they’ve been asking.13
MR. LANSAT: I don’t know if I agree totally14
with Mr. Bossory--he’s a great lawyer--his assessment on15
that but--16
THE COURT: When I read--when I read the motion17
I thought to myself, your kids are meeting dad for dinner18
and they’re not eating. When do they eat then?19
MR. BOSSORY: Do they eat lunch?20
THE COURT: When do they eat?21
MR. BOSSORY: When do they eat?22
THE COURT: When they--when they--23
MR. BOSSORY: Yeah it’s--most of it’s--24
THE COURT: --when they come home from dinner25

11. 11
with dad and they don’t eat dinner with dad what do they1
eat afterwards, that’s what I wonder. When they come home2
what do they eat? There’s no eating. There’s no eating.3
MR. BOSSORY: Yes.4
THE COURT: Kids could eat dinner with their dad5
I’m ordering there’s no food afterwards. No snacks.6
Nothing except water from the refrigerator--I mean from7
the faucet. Mom, the kids can’t eat--kids don’t rule the8
show. So that’s my--is that okay with ev--Mr. Lansat? I9
just want to know if it’s okay with you.10
MR. LANSAT: I’m sorry Judge--11
THE COURT: They don’t eat dinner with dad--12
they’re not having a pre-dinner or appetizers with mom.13
There’s lunch, with mom or school and then whatever days14
they have dinner with dad, that’s the only food their15
eating from lunch on.16
MR. LANSAT: Yeah, it’s gotta stop. We’re17
moving toward--18
THE COURT: They have to eat. Right?19
MR. LANSAT: --it’s done.20
THE COURT: I mean--I don’t want to ask you your21
opinion. Does that work for you?22
MR. LANSAT: I agree.23
THE COURT: They can’t eat. Like if you don’t--24
if you don’t like what your parents are serving then you25

12. 12
go to bed hungry and in the morning maybe you’ll have some1
food.2
MR. BOSSORY: So that--oh--okay I just wanna3
make sure that we--we deal with the health and the safety4
of the children.5
THE COURT: Yes.6
MR. BOSSORY: I--you’re not gonna--you’re not7
gonna die after missing one meal, I get that. But I wanna8
make sure that we’re not--you know punishing the children9
for something that’s not--10
THE COURT: No but I mean the kids need to know11
they’re eating dinner or that’s--they’re not--that’s--12
that’s their time to eat. If they wanna forfeit dinner13
when they have dad--14
MS. MIDDLEDITCH: That’s exactly what--15
MR. BOSSORY: Sure.16
THE COURT: --that’s not--dad did not--I’m not--17
you--mom, you see that I didn’t ask dad that. His18
attorney didn’t ask that. He didn’t ask it and he’s not19
agreeing or disagreeing, I don’t even want to know what he20
thinks. This is the bad Judge that you unfortunately have21
for the next five years, nine months.22
MR. BOSSORY: My only--Judge my--my biggest23
concern is I--I’ve read the file and I admit I haven’t24
been on the case very long and--but I’ve seen how things25

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go. I get the reports. Um--I hear what the children--how1
the children are like they--they--how they’re acting2
during visitation. Mom is--is encouraging that on her3
end. She’s getting the kids there and I--I understand4
that’s been an issue in the case, that mom actually5
physically getting the kids to visitation. She’s gonna6
keep doing that. I’m gonna make sure she does.7
My issue is the expectations placed on mom. Um-8
-Ms. Middleditch gave a--a great presentation on what9
mom’s expectations are and I think the Court is right to10
some extent. Mom has to encourage that relationship. Mom11
has to not--certainly not disparage dad and I don’t think12
she’s doing that ah--and she has to let the kids know that13
they’re gonna be safe there and that that relationship is14
important. What the kids do with that and--and their time15
with dad when mom’s not there to push it on even more, she16
can’t control. So I wanna make sure that we’re not being17
set up for an unrealistic--18
THE COURT: I disagree with everything that came19
out of your mouth.20
MR. BOSSORY: Okay.21
THE COURT: When they’re 18 they can--you don’t22
have any control and they can go live in a third world23
country. But this is Michigan and these are the rules in24
family court. If it’s lunch and they choose not to eat25

14. 14
then there’s no lunch. There’s no snacks until their1
actual dinner time. If it’s breakfast they don’t eat--2
there’s no food until actual lunch time.3
MS. MIDDLEDITCH: And your Honor what gave rise4
to my comment, frankly, was there’s Skype. You know we’ve5
talked about Skype a bazillion times in here. Um--but6
with the Skype--7
MR. BOSSORY: We don’t have an issue with that.8
MS. MIDDLEDITCH: --the--the--with--with the9
Skype prior to me filing this show cause motion the kids10
would come on Skype and stare at the ceiling for 1011
minutes until the call was disconnected and refuse to talk12
to my client.13
THE COURT: Well see then--then it’s the Court’s14
order that they lose all electronics, they lose all TV and15
they don’t have--they do not have activities. You can’t--16
MS. MIDDLEDITCH: I mean I do think--17
THE COURT: --you can’t--you don’t--if you’re18
getting poor grades--I don’t know if you weren’t sitting19
in here actually--this kids getting horrific grades, then20
there’s no electronics ‘til you work your schoolwork.21
There’s no anything else that’s fun until you repair the22
most important relationship the children are ever gonna23
have is with their parents and until that relationship is24
repaired there is no fun for your children.25

15. 15
MR. BOSSORY: Judge, agree that they have to--1
they have to repair that relationship but here’s what’s2
probably gonna happen--3
THE COURT: Thirty days.4
MR. BOSSORY: --mom’s gonna say--5
THE COURT: I’m looking forward to 30 days6
success and if not this is what I’m going to do so7
hopefully you’re hearing what I’m saying mom, and dad, and8
there’ll be such success and things can go from there,9
otherwise--10
MR. BOSSORY: Judge I’m tryin’ to be candid11
here, I--mom’s gonna do what she can but this relationship12
has been so fractured for so long--13
THE COURT: All right, then it’ll be great ‘cuz14
they’ll just be tutoring all day long--15
MS. MIDDLEDITCH: And in conjunction with--16
THE COURT: --tutoring, doing homework and17
reading--reading books.18
MS. MIDDLEDITCH: --in conjunction with the--the19
punishment I think it would be really helpful if we--we20
heard mom saying, hey why don’t you tell dad about how you21
won your tennis match. What’d you get on your calculus22
exam?23
MR. BOSSORY: We do encourage that--24
MS. MIDDLEDITCH: What did you--no that has25

16. 16
never happened once on Skype.1
MR. BOSSORY: --that they don’t do it--2
MS. MIDDLEDITCH: Never once.3
MR. BOSSORY: --that they don’t do it--it’s a4
result of where the relationship is and penalizing the5
kids more for that--6
THE COURT: It’s not penalizing. They can--7
MR. BOSSORY: That’s how they see it though--8
THE COURT: --well--9
MR. BOSSORY: --they’re--they’re eight, nine,10
and 13.11
THE COURT: --well that’s too bad, mother needs12
to tell you’re not being--the Judge actually wants you to13
get--have better grades and so all--you’re not allowed to14
watch TV ever again--15
MR. BOSSORY: She’s gonna say that but--16
THE COURT: --if the next 30 days don’t go well.17
MR. BOSSORY: --they’re straight A students,18
they’re in advanced placement calculus--19
THE COURT: Well maybe they should go up a grade20
then--21
MR. BOSSORY: --advanced placement classes.22
THE COURT: --with all this no electronics, no23
TV, no movies, no friends, dates, no--no nothing. In 3024
days--25

17. 17
UNIDENTIFIED FEMALE SPEAKER: They--they tried1
that--Dr. Rudolph tried that.2
THE COURT: --I’m ready--I will be ready to rule3
that in 30 days if I don’t hear the extraordinary efforts4
you’re doing from your ex. I’m going to want to hear it5
from your ex what happens at the--the next parenting6
times.7
MR. BOSSORY: We’re setting it up for failure8
Judge.9
THE COURT: Well--10
MR. BOSSORY: And I’m--I’m sad to say that--11
THE COURT: --okay.12
MR. BOSSORY: --because we--we know what’s gonna13
happen. Mom has been doing what she has to have been14
doing.15
THE COURT: Well--okay if you know what happens,16
then I’m gonna tell you what’s gonna happen mom. He’s17
gonna file a motion to change custody and if I grant that18
and I don’t grant the stay you will not get relief for two19
years and we’ll flip-flop the time. If he’s able to prove20
to me all the things he’s saying and if it meets the21
threshold. I’m saying if.22
MR. BOSSORY: And who gets punished for that?23
The kids. They didn’t want to get divorced. They didn’t24
want dad to move to Israel.25

18. 18
THE COURT: They didn’t get divorced. And I’m1
sorry for all the military people that have to go overseas2
too. I’m sure not every single one wants to be there.3
MR. BOSSORY: I’m sure they don’t and one of the4
things--5
THE COURT: That’s my ruling. Good luck next 306
days. Otherwise I’m telling you what I’m gonna do.7
MR. BOSSORY: Thank you Judge.8
MR. LANSAT: Do we get a date from your clerk9
for 30 days?10
THE COURT: Yeah, sure.11
(At 12:13 p.m., proceeding concluded)12
* * * * * *13

19. 19
STATE OF MICHIGAN )
COUNTY OF OAKLAND )ss.
I certify that this transcript is a true and accurate
transcription to the best of my ability of the proceeding in
this case before the Honorable Lisa Gorcyca, as recorded by the
clerk.
Proceedings were recorded and provided to this
transcriptionist by the Circuit Court and this certified
reporter accepts no responsibility for any events that occurred
during the above proceedings, for any inaudible and/or
indiscernible responses by any person or party involved in the
proceeding or for the content of the recording provided.
Dated: March 9, 2015
___/S/ Sandra J. Traskos__________
Sandra Traskos, CER 7118