IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY LAURA MCLYNAS, CASE NO. 12-FD-006464 CASE NO. 10-FD-007346 Petitioner, vision: 25 and. JAMES MCLYNAS, Respondent. TEMPORARY ORDER ON HEARING OF OCTOBER 31, 2013 THIS CAUSE came on to be heard on October 31, 2013, before the Honorable Patricia Muscarella, upon the Guardian Ad Litem’s Motion for Hearing. Present before the Court were the Petitioner, LAURA MCLYNAS, the Respondent's Attorney, CARIN M. CONSTANTINE, (Co-Counsel for the Respondent SCOTT ORSINI, ESQ. was not present in the Courtroom but was available telephonically) and the Guardian Ad Litem, DR. ROBERT EVANS. The Respondent, JAMES MCLYNAS, was unavailable to attend the hearing and was thus excused by the Court due to his arrest on an unrelated matter and his inability to obtain a release before the Hearing and inability to obtain a Telephonic Hearing. The Court, having reviewed the file and the argument of counsel, having taken sworn testimony, assessed the creditability and demeanor of the witnesses, and having been otherwise fully advised in the premises, makes the following findings of fact: 1, Ithas jurisdiction over the cause, the subject matter herein, and the parties hereto: 2. Pending before this Court is the Petition for Dissolution of Marriage with Minor Children, case number 10-007346 and a Domestic Violence Injunction, case number 12-006464, among other various Motions and Pleadings that have been heard and ruled on in the past. In additon, one Pleading contains an Appeal to the 2" DCA that was not perfected and thus is now not an issue. Various collateral lawsuits are pending and the original Dissolution case has now been complicated by the actions of 3° parties and the news media coverage of collateral i ues; 3. A Trial Date has previously been set for December 9, 2013 and shall not be continued for any reason. All outstanding issues shall be heard at Trial, barring another Emergency concerning the minor child; 4. There is (1) minor child bor of this marriage, namely, J.M., a 10 year old female;5. The Guardian Ad Litem testified that he spoke to the minor child, her 14 year old half-sister, the parties and various other professionals involved with the care of the minor child and based upon these observations made a determination that J.M. is in imminent danger of physical and emotional harm while living in the Mother's home. The Guardian ad Litem also testified that there has been significant police involvement within the last 30 days; that there is proof of Parental Alienation whereby the Mother has instilled fear into the minor child that the Father is trying to harm her: and that the level of sibling violence in the home has been elevated to situation whereby the child is in need of protective services and that he, as a Mandatory Reporter, is required to make a report to the Abuse Hotline per Florida law and ethical and legal standards. 6. The Guardian Ad Litem testified that the minor child has been arrested twice in October 2013, and was Baker Acted in early 2013 and has thus been exposed to situations that she is not emotionally or psychologically able to cope with and is being harmed currently by the Mother's inability to maintain adequate control of her children and the domestic violence within the home. 7. The Guardian Ad Litem testified that, in his expert opinion as a Child Psychologist, the minor child is likely to become the victim of more Domestic Violence, to include the potential for homicide should she remain in the Mother's home. 8. ‘The Guardian Ad Litem testified that the father is a fit and proper parent to take over the Time Sharing and decision making responsibilities of the minor child on a ‘Temporary basis and a permanent basis, but that the minor child still needs counseling, 9. The Mother did not rebut the Expert’s testimony and at times agreed with it and admitted to the violence in her home, although she classified the 91 | calls as a “joke” ‘on one occasion. 10. The Mother admits to having her 14year old daughter call 911 to report the actions of the minor child of this action, 11. The Mother admitted, under oath, to being untruthful with Police Officers in the past and that she had previously recanted some allegations, but those recantations will likely have no bearing on the outcome of this case. 12. The Mother self reports that she is suffering from PTSD but was unable to remember the name or physical location of the medical doctor who diagnosed her and testified that she takes Zoloft for this condition, but was unable to identify her prescribing physician and was vague on who refills her prescription. Therefore it isORDERED AND ADJUDGED as follows: 1. The Responden/Father is hereby GRANTED 100% of the Time Sharing for the Minor Child on a temporary basis starting on November 1, 2013; ‘The Court has continued the Return Hearing on the Domestic Violence Injunction until December 9, 2013; 3. The Court GRANTS the Respondent/Father full Decision making authority for the Minor Child relating to Healthcare, Education, Religion, and other day-to-day decisions until further Order of this Court, an Order by a Court of Competent Jurisdiction, or the filing and subsequent Rulings in a Dependency case. 4, The Mother is GRANTED limited decision making authority should the child have an emergency when in her sole care and there is no time to contact the Father. 5. The Court reserves jurisdiction over this cause, reserves jurisdiction to enter Orders to modify or enforce all previous Orders in this action, and reserves jurisdietion to enter such other and further Orders affecting attorney's fees and all other matters and enforcement thereof. The Court reserves jurisdiction to hear all pending Motions and Pleadings upon proper Notice and reserves ruling on any issue not specifically addressed in this Order. DONE AND ORDERED in Chambers, in Clearwater, Pinellas County, Florida this 4th day of November, 2013. PATRICIA MUSCARI Circuit Judge Copies furnished to: Ms. Carin M. Constantine, Attorney for Respondent Petitioner, pro se Dr. Robert Evans