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He will however have to pay $1000 in sanctions to the Family court for filing frivolous motions.
Halburn wanted permanent custody of his child or substantially more visitation and the freedom to take the kid out of state. The child's mother wanted Halburn's visitation restricted to supervised visitation.
He lost.
Again.
Here are the highlights.
CUSTODY
The Court wrote:
"In their original 2013 order The Court affirmed the family court’s order directing Halburn not to take the child from the State of West Virginia..The Court noted petitioner’s diagnosis of personality disorder and determined that the family court properly “recognized and emphasized that there exists potential for grave harm to this child” when he is in Halburn’s care given petitioner’s “confirmed propensity for interpersonal conflict.”
"A court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order and were not anticipated therein, that a substantial change has occurred in the circumstances of the child or of one or both parents and a modification is necessary to serve the best interests of the child."
"To show that such a substantial change in circumstances occurred—i.e., Halburn is now better able to control his personality disorder and resulting behavior— Halburn presented the testimony of two witnesses. Both witnesses admitted that the information they had about the parties’ case and Halburn’s conduct came solely from Halburn, which the family court found diminished their credibility. As the family court noted, Halburn’s psychologist “specifically declined to give any recommendation regarding the expansion of Halburn’s time with his son.”
They didn't believe Halburn or his witnesseses.
NO modification of visitation or custody
SANCTIONS
The family court found that “Halburn has clogged the courts with frivolous, harassing, offensive and impossible demands and has exhibited little to no self-control. He has made a number of impossible-to-achieve and nonsensical requests and demands of the Family Court and this Court during the course of these proceedings.”
The family court sanctioned Halburn on two prior occasions. He was sanctioned $250 for the first incident and $500 for the second incident. He kept on filing motions.
After he filed a tenth disqualification motion that was denied, the family court sanctioned him in the amount of $1,000.
The Supreme Court determined that the family court implemented a graduated scale for sanctioning Halburn. They found that to be proper and concluded that the family court did not abuse its discretion in sanctioning Halburn in the amount of $1,000.
Pay up motherfucker.
The DYING GRANDMOTHER
Halburn complains that the family court improperly restricted his examination of his witnesses by preventing him from asking questions that contradicted statements made in an email Halburn sent in 2012.
Halburn lies that the email either never existed or was fabricated.
The family court ruled at the hearing that the fact that the email DID exist and contradicted the basis for certain of petitioner’s questions.
Fatboy loves to whine that the judge somehow kept his son from seeing his grandmother. He conveniently ignores his words from that email that the court quoted in the final divorce order.
He told his self serving side of the story on his blog. Read the real story from the WV Supreme Court's memo.
"However, the day prior to filing his emergency motion, Mr. Halburn emailed his wife that "My mom is too far gone for (the son) to visit her now. She is incoherent and might scare him. Unless something changes we have missed the wonderful opportunity for him to see his grandmother and for her to enjoy him."
The Court concluded that during the December 18, 2014, hearing, the family court properly prevented Halburn from asking questions that contradicted statements made in the 2012 email.
Read the entire order denying Halburn’s appeals of the family court’s orders here:
http://www.courtswv.gov/supreme-court/memo-decisions/fall2015/15-0350memo.pdf
