Tsimhoni Vs. Tsimhoni: Full Court Documents In The Tale Of The Jailed Michigan Kids 4.14.15 [5 of 13] Read the full article recapping the case here: http://everything-pr.com/tsimhoni-vs-tsimhoni/258461/

1. 1
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, August 13, 2014
APPEARANCES:
For the Plaintiff: RENEE K. GUCCIARDO (P47884)
EDWARD A. HUTTON III (P76477)
The Gucciardo Law Firm PLLC
30700 Telegraph road, Suite 1580
Bingham Farms, MI 48025
(248) 723-5190
For the Defendant: AMY M. SPILMAN (P52044)
Alexander, Eisenberg, Middleditch
and Spilman PLLC
600 South Adams Street, Suite 100
Birmingham, MI 48009
(248) 358-8880
Also Present: WILLIAM LANSAT (P36752)
Guardian ad Litem
280 N. Old Woodward Avenue, Suite 250
Birmingham, MI 48009
(248) 258-7074
Transcript Provided by: Accurate Transcription Services, LLC
Firm # 8493
(734)944-5818
Transcribed by: Susan G. Johnson, CER 3511

2. 2
TABLE OF CONTENTS
PAGE
WITNESSES
None
EXHIBITS RECEIVED
None offered.

3. 3
Pontiac, Michigan1
Wednesday, August 13, 2014, at 10:49 a.m.2
* * * * * *3
THE CLERK: The court calls docket number 73,4
case number 09-766749-DM, Eibschitz-Tsimhoni versus5
Tsimhoni.6
MS. GUCCIARDO: Ready.7
Good morning, your Honor. Renee Gucciardo on8
behalf of the plaintiff, Maya Eibschitz-Tsimhoni.9
MR. HUTTON: Good morning, your Honor. Edward10
Hutton also on behalf of the plaintiff.11
MR. LANSAT: William Lansat, GAL, your Honor.12
MS. SPILMAN: Good morning, your Honor. Amy13
Spilman on behalf of the defendant. I’m standing in for14
Keri Middleditch this morning.15
THE COURT: Have I already made the disclosure16
about him dating my research attorney? I’ve already done17
that? Have I?18
MR. LANSAT: Yes.19
MS. GUCCIARDO: Yes, the last time we were here.20
THE COURT: Dad, you don’t remember?21
So that’s why my research attorney won’t work on22
the case, so she walks out.23
MS. GUCCIARDO: You did the last time we were24
here.25

4. 4
THE COURT: The walk of shame.1
MS. SPILMAN: Okay. Well, this is our motion,2
your Honor, to--3
THE COURT: All right. I read everything.4
MS. SPILMAN: --enforce--It’s an emergency5
motion that was added on to the docket with the Court’s6
permission--7
THE COURT: And normally I’d be very upset with8
Mom ‘cause she’s not here, but apparently she’s gone?9
MS. SPILMAN: She is gone, your Honor. And we10
don’t know when she planned to leave.11
THE COURT: She’s in violation of all my orders.12
MS. SPILMAN: She is.13
MS. GUCCIARDO: She is not. You know what? I’d14
like to look at the tape the last time we were here ‘cause15
we put on the record--16
THE COURT: You can watch it. Let’s watch it17
together.18
MS. GUCCIARDO: Let’s do that.19
MR. LANSAT: Can we do popcorn?20
THE COURT: We do have eight bags back there.21
MS. GUCCIARDO: You said that she had till the22
end of August. So this whole thing--23
THE COURT: Wait.24
MS. SPILMAN: No.25

5. 5
MS. GUCCIARDO: Yes. This--1
THE COURT: No, I said she had to give Dad2
always the itinerary.3
MS. GUCCIARDO: Which she did. She did.4
MS. SPILMAN: The order--No, she did not, your5
Honor. The order is very specific. Mother is not6
permitted to travel out of the country with the children7
unless and until she provides the travel itinerary to the8
father.9
MS. GUCCIARDO: And we were here two weeks10
later--11
MS. SPILMAN: There was nothing specific--There12
was nothing specific about her going somewhere in August.13
My client has been in touch with his ex-wife.14
They had communication. She never mentioned that she was15
going to the south of France in August. He sent an e-mail16
to the GAL saying he would be in town. And they had17
communications after that. We heard nothing until August18
seventh that she was leaving town.19
This is not an itinerary. We don’t know when20
she’s coming back. My client is in town until August21
twenty--22
THE COURT: Wait. She sent an e-mail that said23
what?24
MS. SPILMAN: She only sent an e-mail that she25

6. 6
was in the south of France, staying in this village, I’ll1
let you know when we get to Paris where we’re staying.2
That’s not an itinerary. We don’t know when she’s3
returning. We don’t know when she bought these tickets in4
the first place. And my client is here until August 28th
5
and he would like to see his kids.6
This is a repeat of what was here--what was7
happening when the parties were here in June, where she8
had a preplanned vacation, hadn’t told anybody about it,9
and my client was coming into town, and suddenly she was10
not available. So this is the same thing all over again.11
She did not follow the Court’s orders. That is not an12
itinerary. And my client wants to see the children.13
And the Court had already ordered or intimated,14
and I think the GAL motion has a motion, for that15
parenting time to take place here because there’s such16
problems with the parenting time, that in order to get the17
children to cooperate, we need to have the parenting time18
here at the courthouse, which also does condense the19
available time for parenting.20
MS. GUCCIARDO: Now, it’s interesting that she21
claims that my client didn’t abide by the order. You22
recall, the only person last time when we were here that23
didn’t abide by the order was the defendant. He didn’t24
give proper notice. There’s a court order from March 3rd
25

7. 7
that talks very specifically about notice requirements.1
We gave proper notice. We indicated when we were going to2
go on vacation. He didn’t. He did it late. But in order3
to accommodate the defendant, despite his failure again to4
abide by this Court’s order, you ordered that Ms. Tsimhoni5
not go on her vacation as she originally planned, to delay6
it to accommodate the fact that the defendant was going to7
be here.8
And when we were here, we put the order on the9
record. We were here twice because they wanted to be here10
to talk about how the parenting time was going to take11
place, even though we didn’t have to. We could have done12
it in the office. We all sat here in court and we put on13
the record the last time we were here what the itinerary14
was. And you said--15
We talked about when she was going to be gone.16
You said you have the whole rest of the summer. And you17
know what? She has a right to rely on your words. You’re18
the court; you’re the law. You said you have the whole19
rest of the summer.20
So what does Dad do? Instead of talking to Mom,21
saying, hey, I’m going to be here, he tries to set her up22
so that he can again make her look bad in this Court’s23
eyes, because he’s well aware of the fact of how things24
have gone in the court, and to make her look bad by25

8. 8
sending an e-mail to Mr. Lansat, not communicating with1
Mom about when he’s going to be here, tries to set her up2
by sending an e-mail to Mr. Lansat saying I’m going to be3
here, even though while we were here we clearly said she4
was going to be gone until the end of August. So that was5
a disingenuous e-mail from him. And he’s trying to again6
interfere with her summer vacation. So, she gave the7
notification. He knew about it. Let’s look at the tape--8
MR. LANSAT: (Indiscernible)9
MS. GUCCIARDO: --because it was pretty clear.10
MS. SPILMAN: Nobody remembers that, your Honor.11
THE COURT: All right, so let’s--12
MS. GUCCIARDO: Well, you weren’t here.13
MS. SPILMAN: Not Ms. Middleditch because--14
MS. GUCCIARDO: Well, we all remember it.15
MS. SPILMAN: --of course I was (indiscernible)16
discuss with her, not my client,--17
MS. GUCCIARDO: We both remember it. Let’s--18
MS. SPILMAN: --not Mr. Lansat.19
MS. GUCCIARDO: --look at it. Let’s look at it.20
MR. LANSAT: This is the thing--Look at the21
tape. But the thing is she still has to do an itinerary,22
okay? And you have to rule whether that’s a proper23
itinerary or not.24
THE COURT: Improper.25

9. 9
MR. LANSAT: But I sent out, July 29th
or1
July 30th
--2
She’s correct about the order of 30 days; but3
also in the order it does say unless you can work it out4
with the GAL, so it’s some saving provision--5
THE COURT: And he did.6
MR. LANSAT: I sent it out. But I didn’t--And7
Ms. Gucciardo did respond, said she’s on vacation--Ms.8
Gucciardo was on vacation, you know, and didn’t know what9
Maya’s plans were. But I sent it directly to Maya, those10
dates that Dad said. And had she had purchased the11
tickets July 29th
, the 30th
, the 31st
, or second, that will12
be fine; but it’s mother that doesn’t communicate with13
anybody.14
THE COURT: All right, she’s going to have to15
show when the--proof of when she purchased those tickets.16
Does that work?17
MR. LANSAT: Now,--18
MS. SPILMAN: We’d also like--19
THE COURT: How about this--20
MS. SPILMAN: --to know when she’s coming back21
and--22
THE COURT: All right. And--23
MS. SPILMAN: --maybe there’s an opportunity--24
THE COURT: Would--Did you come--25

10. 10
MS. SPILMAN: --for parenting time--1
THE COURT: --just for this?2
MR. TSIMHONI: (Inaudible)3
THE COURT: Okay. Do you want to go back and4
watch the video?5
MS. GUCCIARDO: Yes.6
THE COURT: Do you want to go back and watch the7
video?8
MR. TSIMHONI: (Inaudible)9
THE COURT: It’s torture watching yourself on10
video. Probably not for you.11
MR. LANSAT: Well, there were two days, Ms.12
Gucciardo. I don’t know which--13
THE COURT: So we can go back there. I’m sure14
somebody back there is setting it up.15
MR. LANSAT: And, procedurally, your Honor,16
with--17
THE COURT: Because then you’re going to ask18
that she’s in contempt for violating all the--Is that what19
this motion is?20
MS. SPILMAN: It’s a motion to enforce, your21
Honor, ‘cause--22
MS. GUCCIARDO: And I would (indiscernible)--23
MS. SPILMAN: --(indiscernible).24
THE COURT: And costs.25

11. 11
MS. GUCCIARDO: --there’s no emergency on this1
thing. They knew that she was out of town. To--2
MR. TSIMHONI: (Indiscernible) to see--3
MS. GUCCIARDO: --to ask for an emergency--4
MR. TSIMHONI: --my kids.5
MS. GUCCIARDO: --when they know that she’s out6
of town, when they know she’s going to be here in August,7
is improper; and I’m asking for costs for having to be8
here. This is ridiculous.9
THE COURT: Well, I think that--Is Mr. Lansat10
the one who called and asked for it?11
MR. LANSANT: No. This is--12
MS. GUCCIARDO: No.13
MR. LANSAT: --This is their--14
MS. GUCCIARDO: He never gave me notice--15
MR. LANSAT: --There’s two things. There’s16
their motion, all right, that they had filed.17
THE COURT: Well, I just had it that you called.18
MR. LANSAT: No, I had filed a motion to have19
parenting time in the jury room last week. You were away.20
I had a blank notice of hearing. I didn’t know you were21
away. And they forgot to fill it in. They got a copy of22
the motion but the clerk did not fill in the notice of23
hearing that it was up for today. So, technically, Ms.24
Gucciardo didn’t get notice. I’ll refile it.25

12. 12
THE COURT: Dion’s fired?1
MR. LANSAT: We’ll repraecipe it then.2
MS. GUCCIARDO: Pardon?3
THE COURT: Dion’s fired, I guess. The clerk,4
Dion.5
MR. LANSAT: So I’ll refile it if she doesn’t6
want to argue it today. That’s fine.7
THE COURT: No. This--8
MS. SPILMAN: But your Honor, we--9
THE COURT: This is--Okay, this all goes back--10
I want Dad to have parenting time. I want Dad to have11
more parenting time. And then I want Dad to have more12
parenting time. And then I want Dad to have more13
parenting time.14
So what are you going to tell your client?15
MS. GUCCIARDO: I want my client to be here--16
THE COURT: What are you going to tell your17
client that I said?18
MS. GUCCIARDO: I want my client to be here to19
hear it.20
THE COURT: I want Dad to have more parenting21
time.22
MS. GUCCIARDO: And I want her to--23
THE COURT: And I want Dad to have more24
parenting time,--25

13. 13
MS. GUCCIARDO: --be here so she can hear it--1
THE COURT: --and I want Dad to have more2
parenting time, and I want his relationship to improve3
with his children.4
MS. GUCCIARDO: He’s got a lot to work on to5
make it work. He’s done a lot of things that have hurt6
the relationship. And, quite frankly, coming here and7
trying to get their mother in trouble, knowing she’s going8
to be gone in August, doesn’t help things. It really9
doesn’t.10
MS. SPILMAN: She didn’t tell anybody she was11
going anywhere in August--12
MS. GUCCIARDO: Let’s look at the tapes.13
MS. SPILMAN: She said she was--14
MR. LANSAT: I think--15
MS. SPILMAN: --(indiscernible) in June--16
MR. LANSAT: --I think they should review the17
tape. But what I attached to my motion, Judge, from their18
own supervisor, who’s a great guy, we tried it Mother’s19
way, we tried to work with her, we were hoping it went20
well for (indiscernible). It’s a complete disaster. We21
need to have it here. I will refile the motion to give22
Ms. Gucciardo time to reply. Not a problem.23
THE COURT: Okay. The other thing,--24
MS. SPILMAN: Well, I--25

14. 14
THE COURT: --too, is if there’s not an1
itinerary and I said an itinerary, detailed itinerary,2
that was not a detailed itinerary, she’s on the hook for3
these fees. And with the Bar Mitzvah, too. Is there a4
Bar Mitzvah?5
MS. SPILMAN: She says there is no--6
MS. GUCCIARDO: We put it on the record--7
MS. SPILMAN: --she has--8
MS. GUCCIARDO: --and there’s nothing--9
MS. SPILMAN: --no Bar Mitzvah plans. She’s not10
provided him with any Bar Mitzvah plans.11
MS. GUCCIARDO: And we put that on the record--12
THE COURT: And the fact of the matter is, Mr.13
Lansat, you told her he was coming and she didn’t say, Oh,14
I’m going to the south of France, lucky me, for a whole15
month--16
MS. SPILMAN: She did not respond at all.17
THE COURT: --and the other country wherever she18
was going. She’s on the hook for all these fees.19
MR. LANSAT: There is no issue with the Bar20
Mitzvah. I think we’ve--Mom said there wasn’t any, and21
that--she did say that back there and if she22
(indiscernible) she provide the details, so I don’t think23
that’s an issue.24
MS. GUCCIARDO: And your Honor, Mr. Lansat and I25

15. 15
were in contact with each other. Even though I was on1
vacation, I con--I was in contact with him and said I2
think she’s on vacation--3
MR. LANSAT: She wrote an e-mail to that effect.4
MS. GUCCIARDO: Right. And we texted each5
other, and we talked.6
MR. LANSAT: But she was in--But she was--7
MS. GUCCIARDO: And that’s the bottom line.8
MR. LANSAT: --in town that time, though.9
MS. GUCCIARDO: She has--You know, she can rely10
on her counsel to communicate with Mr. Lansat.11
Mr. Tsimhoni failed to even contact her and say,12
Hey, are you here in town? I’m coming in. Nothing like13
that.14
THE COURT: (Indiscernible) I saw--15
MS. SPILMAN: No, that’s not true.16
THE COURT: I saw an e-mail.17
MS. SPILMAN: They spoke on the phone--18
MR. TSIMHONI: I had a Skype discussion with--19
THE COURT: I saw something.20
MR. TSIMHONI: --her and with the kids, and I21
told the kids--I made the mistake of telling the kids that22
I was going to see them.23
MS. GUCCIARDO: And why he would do that when24
you gave--25

16. 16
MR. TSIMHONI: Because I thought I was going to1
see them--2
MS. GUCCIARDO: --her the rest of the summer--3
MR. TSIMHONI: --‘cause I did not--because I did4
not know that--5
MS. GUCCIARDO: --is just pure manipulation.6
THE COURT: I agree with you, Dad.7
MR. TSIMHONI: I did not know that they were8
going. If I had known, I’d not scheduled the--9
MR. LANSAT: (Indiscernible)10
THE COURT: Mr. Lansat, if she had told you I’m11
going to the south of France for a month, and I’ve already12
bought these really expensive tickets, what would--13
MR. LANSAT: There would be no--14
THE COURT: --you have done?15
MR. LANSAT: There would have been no issue. I16
would have told Dad. I would have said, Dad, she bought17
these tickets; she’s given me proof; let’s move on and18
call it a day.19
MS. GUCCIARDO: Except we were in court and we20
put--she said that on the record, and you said you have--21
THE COURT: That’s why--22
MS. GUCCIARDO: --the rest of--23
THE COURT: Okay, you know what?24
MR. TSIMHONI: With the dates?25

17. 17
MS. GUCCIARDO: (Indiscernible)1
MR. TSIMHONI: With the dates?2
MR. LANSAT: (Indiscernible)3
THE COURT: If you are right after watching that4
video, it’s a whole different story, Dad. Okay?5
MS. GUCCIARDO: Yeah, and then I want him to pay6
my costs.7
THE COURT: We’ll see if--8
MS. SPILMAN: If you know the dates, tell us9
when she’s returning. If you know the specifics of her10
itinerary, tell us what it is.11
MS. GUCCIARDO: She--I told Mr. Lansat--12
MS. SPILMAN: She can’t--13
MR. LANSAT: No, I don’t know the itinerary.14
MS. SPILMAN: --tell me because--15
MS. GUCCIARDO: I told Mr. Lansat--16
MS. SPILMAN: --she doesn’t know.17
MS. GUCCIARDO: It old Mr. Lansat when we were18
communicating, she’s going to be back the--the day19
before school starts, which would be September 2nd
or20
September 3rd
.21
MR. LANSAT: Oh.22
MS. GUCCIARDO: I told him that. Yes, I did.23
THE COURT: That doesn’t give the kids--24
MS. GUCCIARDO: I absolutely told him that.25

18. 18
THE COURT: --enough time to prepare for school.1
MS. GUCCIARDO: Pardon?2
THE COURT: That doesn’t give the kids much time3
to prepare for the jet lag and the time difference and4
preparation for school.5
MS. GUCCIARDO: (Indiscernible)6
MR. LANSAT: Well, when I sent it out--7
MS. GUCCIARDO: (Indiscernible)--8
MR. LANSAT: --on the 29th
or 30th
,--9
MS. GUCCIARDO: --and she made that decision.10
MR. LANSAT: --Mom was in town.11
MS. GUCCIARDO: I let him know.12
MR. LANSAT: Mom was in town.13
MS. GUCCIARDO: I let him know. I communicated.14
So--And she has a right to rely on me as her attorney to15
communicate, which I did with the GAL, extensively.16
THE COURT: And so--17
MR. LANSAT: Let’s look at the--18
MR. TSIMHONI: Have them look at the video.19
THE COURT: Dad, you can go back and watch it,20
too. All right.21
MS. SPILMAN: Thank you, your Honor.22
THE COURT: Okay. Thank you.23
MR. HUTTON: Thank you, your Honor.24
THE COURT: Thank you, Mr. Hutton.25

19. 19
(At 11:00 a.m., case passed)1
(At 11:55 a.m., case recalled)2
THE CLERK: The court recalls Eibschitz-Tsimhoni3
versus Tsimhoni, case number 09-766749-DM.4
MR. LANSAT: William Lansat, GAL, your Honor.5
MS. GUCCIARDO: Renee Gucciardo on behalf of the6
plaintiff.7
MS. SPILMAN: Amy Spilman on behalf of the8
defendant.9
MR. HUTTON: Edward Hutton on behalf of the10
plaintiff.11
MS. SPILMAN: Your Honor, we did have an12
opportunity to review the video; and nowhere in the video13
was any specific travel dates placed on the record. It14
was very unclear when the plaintiff will be traveling.15
And it was also very clear that the Court said she cannot16
go anywhere without Dad knowing when the Bar Mitzvah is,17
where she’s going, and an itinerary. And that has not18
been provided.19
Mr. Lansat made a statement on the record that,20
okay, Mom could be free to go from the beginning of July21
to the second or third week in August, as long as she22
provides notice. Nothing specific. Nothing specific.23
So when he sent--when my client sent Mr. Lansat24
an e-mail on July 29th
with the dates that he was looking25

20. 20
to come to Michigan, and Mr. Lansat sent an e-mail out the1
very next day saying these are the dates that--2
THE COURT: So what do you want?3
MS. SPILMAN: --Mr. Tsimhoni’s coming--I want--4
MS. GUCCIARDO: Oh, wait. I want to respond.5
THE COURT: No, no, no. She gets to say what6
she wants.7
MS. SPILMAN: I think my client should be able8
to--9
THE COURT: And then I’m going to rule without10
your response.11
MS. GUCCIARDO: Pardon?12
THE COURT: And then I’m going to rule without13
your response.14
MS. SPILMAN: My client should be allowed to15
see the children when he’s here. He’s here until August16
28th
. She should be required to come back, if that’s not17
her plan, and we don’t know when she’s planning on coming18
back, there’s some vague representation it’s Labor Day.19
But she should be required to come back so that he can20
have parenting time here at the courthouse sometime21
between now and August 28th
or maybe he can extend his trip22
one more day, the 29th
. But he should be have--He should23
have the opportunity to see the kids while he’s here in24
Michigan, as he’d indicated that he would be.25

21. 21
He should be awarded attorney’s fees for having1
to argue about this again. And there should be some kind2
of warning in the future, I suppose, if this happens yet3
again, because saying that you are going to be somewhere4
in the south of France is not an itinerary.5
THE COURT: It’s pretty small.6
MS. GUCCIARDO: Your Honor, I--7
THE COURT: Ms. Gucciardo, what would you like8
to--what is your response?9
MS. GUCCIARDO: I would like you to--like to say10
is this: We were here. We put all this on the record.11
We talked about how long she’s going to be gone. Mr.12
Lansat--I said, Look, quite frankly, it doesn’t matter if13
she’s gone for eight weeks because he doesn’t live in the14
United States of America. Mr. Lansat said, yes, she could15
be gone--she should have until the second or third week in16
August, that should be free for her; and you said, You17
know what, if he--she can have as long as she wants; if18
he’s going to be gone for a year, she can have all of that19
time. That’s what you said. So she relied upon that.20
Now, this is really interest--When--After we21
were in court, on June 10th
I sent Ms. Middleditch an22
e-mail and I said this is my third e-mail today advising23
you that Omer still has not provided the documents for24
Maya to obtain the children’s passports. It goes on and25

22. 22
on. We talk about regarding the Bar Mitzvah. Talk about1
what the plans are for that. And then I say, Maya is2
going to be staying at Lago di Garda, as she has done in3
the prior years. She’ll arrange an international access4
to her phone number, and I state the phone number, so that5
Omer may call the children, just as he has been able to do6
in the past. I sent that to Mr. Lansat. I sent it to Ms.7
Middleditch. Neither one of them say, Not specific8
enough; don’t like this information. In fact, Ms.9
Middleditch’s response that same day was, I forwarded your10
request to my client. End of story.11
THE COURT: Did it say when she’s coming back?12
MS. GUCCIARDO: No, but let me finish.13
MS. SPILMAN: No.14
MS. GUCCIARDO: So, she was supposed to go in15
June. You made her change her plans to accommodate Mr.16
Tsimhoni’s plans, even though we had sent our notice on17
May 1st
and they didn’t send their notice until May 3rd
.18
You said Mom can change her plans. We did. She changed19
her plans. Her dad, as you know, is dying, was too sick20
to meet them, so they had to move him back.21
THE COURT: Is he in the south of France? I22
mean, did he die?23
MS. GUCCIARDO: No. Thank God he’s still alive.24
THE COURT: Thank goodness. When--Where--Does25

23. 23
he live in the south of France?1
MS. SPILMAN: No.2
MS. GUCCIARDO: He lives in Israel.3
MS. SPILMAN: And that was Italy.4
THE COURT: So was he in south of France?5
MS. SPILMAN: That trip was to Italy.6
MS. GUCCIARDO: So, in any event,--7
THE COURT: Nice traveling.8
MS. GUCCIARDO: In any event, she said then with9
the whole war in Israel, everything going on, he couldn’t10
get out.11
When this thing came in, I talked to Mr. Lansat,12
after I spoke with her, and she--and I advised Mr. Lansat13
she’s going to be leaving. And I said she will be back on14
September 1st
. I said I believe that she is leaving August15
seventh, whatever day it was, I said she’s leaving the16
next day. Whatever day Mr. Lansat and I spoke. And I17
said she’s coming back September 1st
. I notified him of18
that. And it was clear about this whole thing because you19
had said she can have--20
THE COURT: Did you notify them?21
MS. GUCCIARDO: --as much time as she wants.22
MS. SPILMAN: This was after--23
MS. GUCCIARDO: Mr. Lansat was going--24
You know, I didn’t interrupt.25

24. 24
MS. SPILMAN: Only a few times.1
MS. GUCCIARDO: Mr. Lansat was the one that we2
were talking to about this whole thing because Dad gave3
late notice, not in conformance with the March order,4
which indicated how--5
THE COURT: Two days.6
MS. GUCCIARDO: Pardon?7
THE COURT: We’re way past that two-day thing.8
MS. GUCCIARDO: But the bottom line is we were9
communicating with Mr. Lansat about this. I provided10
this.11
Then on Sunday Ms. Tsimhoni provided the12
itinerary. And again this morning she provided an13
additional itinerary telling--14
THE COURT: Way too late.15
MS. GUCCIARDO: --what dates she was going to16
be. There was no requirement--17
MS. SPILMAN: No, she didn’t.18
MS. GUCCIARDO: Yes, she did.19
MS. SPILMAN: No, she didn’t.20
MS. GUCCIARDO: August 13th
. I can pull it up21
right now.22
MS. SPILMAN: She said we’re at--23
MS. GUCCIARDO: You know what?24
MS. SPILMAN: --this village, at this hotel in a25

25. 25
village--1
MS. GUCCIARDO: She gave it right now--2
MS. SPILMAN: --She did not say--3
MS. GUCCIARDO: You didn’t say she has to say on4
this day, I’m going to be here, on this day. You said,5
you know, give an itinerary. We’re giving where she’s at.6
That’s all we have to do. They are divorced. He doesn’t7
need to know, okay, at one o’clock we’re going to be8
playing catch, at three o’clock we’re going to be going on9
a boat ride. That’s ridiculous.10
THE COURT: That’s not (indiscernible)11
MS. GUCCIARDO: We gave the dates.12
MR. LANSAT: (Indiscernible) ask you for that.13
MS. GUCCIARDO: Well, what is an itinerary?14
MR. LANSAT: Okay.15
MS. GUCCIARDO: We gave the dates.16
MR. LANSAT: No, the itinerary--Okay, all I want17
from this woman is one thing: When is she leaving and18
when is she coming back? Okay,--19
MS. SPILMAN: And where is she going?20
MS. GUCCIARDO: I told you.21
MR. LANSAT: --Ms. Gucciardo says September 2nd
.22
I’d like to see--23
THE COURT: And where is she going.24
MR. LANSAT: --some proof from Mother that she25

26. 26
has got a plane reservation coming back on the second1
because --2
MS. GUCCIARDO: The first.3
MR. LANSAT: Whatever. I don’t believe Mother.4
How do you not--That’s what an itinerary is. All we5
needed was just a copy of the flight information. Did you6
book tickets? This is overseas’ travel. We don’t care7
what they do during the day.8
THE COURT: The Court is ordering for her to9
show proof of when she purchased these tickets.10
MR. LANSAT: And when she’s coming back.11
THE COURT: And then I will reserve your--Dad, I12
will reserve your request for your attorney fees, based on13
when she purchased those tickets.14
Also, that itinerary was completely lacking, so15
Dad is entitled to something for that. So maybe half--16
half of the attorney fees for now, and the other half if17
those attorney fees--if the tickets were purchased . . .18
MR. LANSAT: I don’t know when they were19
purchased.20
THE COURT: Well, depending on when the tickets21
were purchased, you’ll get the other half.22
Dad, I can order Mom to come back right now. I23
can. What’s today? Today’s the 13th
? I can order her to24
come back. Let’s say give her seven notice--seven-days’25

27. 27
notice so that it’s not costing probably $20,000 to change1
the tickets. Which is going to do what? It is going to2
make Mom very, very angry. I’m assuming that anger would3
go--trickle down to the children, who probably are--I have4
to say probably enjoying themselves in south of France.5
So it’s in your--The ball’s in your court right now. Do6
you want me to do that?7
MR. TSIMHONI: (Inaudible)8
THE COURT: I know you want to see your kids.9
You know that I feel for you. I know you know that.10
Do you want to talk to your counsel?11
MR. TSIMHONI: I want to hear--I would like to12
hear her response for my request to return a few days13
early. That’s all.14
MR. LANSAT: It could all be resolved, Judge,15
really, and not have to make Mom come back--16
MR. TSIMHONI: She can’t become more angry--17
MR. LANSAT: If--18
MR. TSIMHONI: --than she is already with me.19
MR. LANSAT: If we just knew--20
THE COURT: Yes, she can.21
MR. LANSAT: --if we knew that she actually22
purchased tickets to come back and what date, which I23
think--24
THE COURT: Let’s see when she--25

28. 28
MR. LANSAT: --is probable--1
THE COURT: --purchased the tickets and what2
date.3
MR. LANSAT: I think it’s probably an open thing4
to come back. That’s what I suspect.5
THE COURT: We can come back. You know, it6
doesn’t have to be on a busy Wednesday.7
MS. GUCCIARDO: As soon as I get it from her--8
THE COURT: I mean the Court always appreciates9
all--10
MS. GUCCIARDO: --I’ll try to--11
THE COURT: --of you being here.12
MS. SPILMAN: There should be a deadline, your13
Honor. I mean, it should be next week or sooner.14
THE COURT: Oh, no, sooner. It wouldn’t take15
long to get the information when you purchased those16
tickets and the dates you’re coming back with proof.17
MS. SPILMAN: My client, I think,--18
MR. TSIMHONI: Your Honor,--19
MS. SPILMAN: --would still like some20
opportunity to see the kids. I mean,--21
MS. GUCCIARDO: She has tickets to come back.22
Look, the ord--what you clearly said was she can be gone23
for a year if he’s not coming back next year.24
MR. LANSAT: I thought Mr. Lansat on the record25

29. 29
said till the second week of August or--1
MS. GUCCIARDO: But then you, and you’re the2
judge, you said she can be gone for a year if he’s not3
coming back for a year. It doesn’t matter.4
MS. SPILMAN: But that doesn’t mean--5
MR. TSIMHONI: But I am back.6
THE COURT: But he is back.7
MR. TSIMHONI: But I am back.8
MS. GUCCIARDO: So she can rely upon that.9
THE COURT: But he is back.10
MS. GUCCIARDO: I know, but she didn’t know11
that. That was--12
MR. TSIMHONI: So a year?13
MS. GUCCIARDO: --that--You said that back on14
June 4th
--15
MR. TSIMHONI: For a full year I’m not to--16
MS. GUCCIARDO: You said that.17
MR. TSIMHONI: --see the kids? Is that you18
want?19
MS. SPILMAN: I don’t think it would be--20
MS. GUCCIARDO: You know what?21
MS. SPILMAN: --acceptable. I--22
MS. GUCCIARDO: That’s what the--23
MS. SPILMAN: --don’t think she would--24
MS. GUCCIARDO: --Court said--25

30. 30
MS. SPILMAN: --have the right to say--1
MS. GUCCIARDO: --so if she--2
MS. SPILMAN: --I’m going to be gone for a year3
and no one would do anything about that.4
MS. GUCCIARDO: No kidding. The point being is5
because he doesn’t live in the United States, she could be6
gone for as long as he--as she wants because--And Ms.7
Middleditch said, I agree. That’s what his attorney said.8
I agree. She can be gone for as long--9
THE COURT: If--10
MS. GUCCIARDO: --as she wants, so--11
THE COURT: If he’s not coming back.12
MS. GUCCIARDO: --if she has--13
THE COURT: But he is back.14
MS. GUCCIARDO: If she has already purchased--15
THE COURT: And he gave--16
MS. GUCCIARDO: --those tickets--17
THE COURT: --he gave lots of notice.18
MS. GUCCIARDO: But if she purchased the tickets19
before that, then it’s irrelevant.20
MR. LANSAT: Let’s see when the tickets were21
purchased, but more important, when--if a return date was22
purchased. And if she has a return date on it, then we23
can deal with it. And if she doesn’t, then that may24
change the Court in having her come back sooner. May be25

31. 31
no point in--1
THE COURT: Well, just--2
MR. LANSAT: --her coming back sooner.3
THE COURT: But all I know is this: The last--4
On page two of the order, it says mom is not permitted to5
travel outside of the country unless she provides Liam’s6
Bar Mitzvah information details to father.7
MS. GUCCIARDO: I did that back on June 10th
. I8
just read that into the record, and he said--9
THE COURT: Oh, I’m sorry, I missed--10
MS. GUCCIARDO: --there was no objection.11
THE COURT: I missed that part.12
MS. GUCCIARDO: Okay.13
MR. LANSAT: The Bar Mitzvah issue was dealt14
with.15
THE COURT: Julie was talking.16
MS. GUCCIARDO: Nice one, Julie.17
THE CLERK: Sorry.18
MS. SPILMAN: I think we’d also need to know if19
these were tickets that were originally purchased in June20
and she just redirected the travel. We would want to know21
when that travel change was made.22
THE COURT: All of it. Every single thing the23
Court--she has to provide.24
MR. LANSAT: Make a copy of your itinerary from25

32. 32
your--from the ticket. It’s so simple.1
THE COURT: That will be determinate. That’ll2
make a big difference in the Court’s ruling on attorney3
fees, if any, and--4
MS. GUCCIARDO: And attorney fees for me.5
THE COURT: That’s what I’m saying.6
MS. GUCCIARDO: Yeah, okay. Good. I want--7
THE COURT: And for anybody--anyone--8
MS. GUCCIARDO: --to reserve for me--9
THE COURT: --anyone,--10
MS. GUCCIARDO: --because this is ridiculous.11
THE COURT: --if appropriate.12
MS. SPILMAN: How could she be entitled to13
attorney fees when she had never provided an itinerary in14
the first place? I mean, that goes without saying.15
THE COURT: Let’s just say Mom can show an16
e-mail that she said, Dad, I’m going to be going here on17
Monday; and on Tuesday, we’re going to travel to Paris; on18
Thursday, we’re going to go to Quebec; and on Friday,19
we’re going to Asia, and just travel the world with these20
three kids until--and come back the day before school21
starts, all ready, nobody’s going to have jet lag,22
nobody’s going to have any problem with times--23
MR. LANSAT: It’s--24
THE COURT: --the massive difference in time--25

33. 33
MS. GUCCIARDO: She said to me, I’m coming back1
the day before school starts.2
MR. LANSAT: On a Monday?3
MS. GUCCIARDO: I’m telling you--4
THE COURT: Well, that’s what we’re going to5
see.6
MS. GUCCIARDO: --what she said to me. So, you7
know,--8
MR. LANSAT: School starts Tuesday?9
MS. GUCCIARDO: --I mean, look, these people are10
used to traveling back and forth internationally--11
THE COURT: So--Right, so--12
MS. GUCCIARDO: --so it’s her kids. I mean, she13
can make that determination--14
MR. LANSAT: Well, it’s both their children.15
There’s a mother and a dad--16
MS. GUCCIARDO: Yeah, I get that.17
MR. LANSAT: --and, you know,--18
MS. SPILMAN: I would also like to reserve the19
request that she be required to return early,--20
THE COURT: Of course.21
MS. SPILMAN: --because if these were plans--22
THE COURT: Of course. I agree--23
MS. SPILMAN: --that were made after--24
THE COURT: --with you.25

34. 34
MS. SPILMAN: --the July 29th
e-mail, and that1
was purposely--2
THE COURT: Then she’s coming back.3
MS. SPILMAN: --meant to frustrate his time.4
THE COURT: Then the kids are coming back the5
next day. And they can enjoy the entire time with Dad.6
MS. GUCCIARDO: I’m sure that’ll make things7
even better for them.8
MR. TSIMHONI: Can’t be much worse than--9
MS. GUCCIARDO: Oh, sure.10
MS. SPILMAN: Thank you, your Honor.11
MS. GUCCIARDO: They’ll get along swimmingly.12
MR. LANSAT: I’ll repraecipe my motion, then, to13
I don’t know when--14
MS. GUCCIARDO: I want Ms.--15
MR. LANSAT: --but I’ll repraecipe it.16
MS. GUCCIARDO: --Eibschitz here, like you had17
ruled before, for his motion, so she can hear everything18
that’s going on--19
MR. LANSAT: That’s fine. I told Ms. Gucciardo20
--21
MS. GUCCIARDO: It’s not fair--22
THE COURT: Granted.23
MR. LANSAT: I agree. That’s fine.24
MS. GUCCIARDO: Thank you.25

35. 35
MR. LANSAT: I’ll move it. It was never on1
anyways, apparently.2
THE COURT: But--3
MS. GUCCIARDO: But, quite frankly,--4
THE COURT: --we’re going to--5
MS. GUCCIARDO: --I know that they’re not6
allowed to get DVD’s but I would like Ms. Eibschitz to be7
able to--8
THE COURT: Review it.9
MS. GUCCIARDO: --review today’s proceedings, so10
that she can see everything that takes place.11
THE COURT: That would be fabulous. I would12
like that, too.13
MS. SPILMAN: And when is the--14
THE COURT: She’s not going to get--15
MS. GUCCIARDO: She can come back and watch it.16
THE COURT: Mr. Lansat, were you listening? She17
can review it.18
MR. LANSAT: I apologize.19
THE COURT: She can review it anytime.20
MR. LANSAT: Right.21
MS. SPILMAN: And when should she be providing22
this information by? At least by Wednesday. I’ll23
repraecipe this for next Wednesday.24
THE COURT: Well, you can--Ms.--It doesn’t have25

36. 36
to be on a Wednesday. It can be anytime. It can be the1
next day.2
MS. SPILMAN: Okay. Then by tomorrow.3
THE COURT: We’ll squish you in.4
I don’t know if she’s going to be able to do, I5
mean, with the time change and--6
MS. GUCCIARDO: I don’t know if she’s going to7
be able to do it, either. And I don’t know--8
THE COURT: I don’t think she could do it--9
MS. GUCCIARDO: --if she’s going to be able to10
scan it and--11
THE COURT: --just do it in one day,--12
MS. GUCCIARDO: --and do all that--13
THE COURT: --so maybe--14
MS. SPILMAN: Well,--15
THE COURT: --three days?16
MS. GUCCIARDO: How about by Monday?17
MR. LANSAT: Let’s just get an order in place18
exactly what information specifically we want from Mother,19
and we’ll be back again.20
THE COURT: Be very detailed.21
MS. GUCCIARDO: And provide it by Monday?22
THE COURT: That works.23
Is that it?24
MS. GUCCIARDO: Thank you, your Honor.25

37. 37
MS. SPILMAN: Thank you, your Honor.1
THE COURT: Thank you.2
MR. HUTTON: Thank you.3
THE COURT: Thank you, Mr. Hutton.4
(At 12:09 p.m., proceedings concluded)5
* * * * * *6

38. 38
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: September 1, 2014
___/S/ Susan G. Johnson_______________
Susan G. Johnson, CER 3511