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, 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

2

TABLE OF CONTENTS

PAGE

WITNESSES

None

EXHIBITS RECEIVED

None offered.

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Pontiac, Michigan 1

Wednesday, March 4, 2015 - 12:01 p.m. 2

* * * * * * 3

THE CLERK: Tsimhoni vs. Tsimhoni, case number 4

09-766749-DM. 5

MS. MIDDLEDITCH: Good morning your Honor, Keri 6

Middleditch on behalf of the Defendant, Omer Tsimhoni, who 7

is present to my--well he’s approaching. 8

THE COURT: Good mor--good afternoon. 9

MR. BOSSORY: Good mor--or good afternoon your 10

Honor. Andrew Bossory appearing along with co-Counsel 11

Renee Gucciardo on behalf of mother, Maya Eibschitz. 12

THE COURT: Morning. 13

MR. LANSAT: Your Honor, morning, I’m William 14

Lansant, GAL. I wanted to say for the record your Honor 15

that we’ve worked it--we’ve worked out a--dad has moved 16

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’d 21

like to come back in 30 days. I think Ms. Middleditch is 22

gonna request to adjourn the show cause for 30 days which 23

is fine, to see how this is going. I do want to 24

compliment miss--Mr. Bossory on the case. He’s been very 25

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 visits 7

and helping us out so he’s been an asset here. So we 8

wanna put this on the record and hope this thing works in 9

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 be 16

that good. 17

MS. MIDDLEDITCH: Your Honor if I may, I do 18

believe we’ve reached an agreement. Um--the order to show 19

cause the Plaintiff I--I’m asking that it be adjourned 30 20

days to a date mutually convenient for the parties and 21

attorneys here. Um--I believe the agreement is that 22

Defendant father shall have parenting time with the 23

children pending the review hearing as follows: every 24

Saturday with Natalie and Roey (ph) from six to nine p.m., 25

5

every Sunday with Liam from 11 a.m. to 2 p.m., and there 1

will be a mid-week dinner every other week to be 2

coordinated with Art Gallagher in contemplation of the 3

children’s activities. Art Gallagher shall continue with 4

supervising the parenting time. Um--Plaintiff shall be 5

responsible for transporting the children to and from the 6

parenting time. Um--the parenting time on the weekends 7

shall transpire on my Defendant’s home--or at my client’s 8

home--or the Defendant’s home. I suspect that the mid-9

week parenting time will occur at a restaurant or what 10

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. I 13

believe there’s already an entered order with the Court 14

regarding joint legal custody. My client has gone to the 15

home and we’ve talked about this--gone to the school to 16

access records. School’s very concerned and takes my 17

client into a special room, away from the kids, because 18

clearly they are aware of supervised parenting time and 19

have some sort of notion of my client um--not being 20

allowed to have unsupervised parenting time. So um--I had 21

attached to my motion a proposed joint legal custody 22

order. I’m asking that that also be adjourned for 30 23

days-- 24

THE COURT: Okay. 25

6

MS. MIDDLEDITCH: --and we’re gonna try to work 1

something out but that’s what gives rise to my concern as 2

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 30 5

days, is that okay? 6

MR. BOSSORY: Sure that--that’s fine. 7

THE COURT: Unless you want me to grant her 8

motion right now? 9

MR. BOSSORY: Oh no I would just like to put a 10

response on the record. I have no information about the 11

school’s involvement and if there are concerns or issues I 12

would ask that be provided by Counsel so I can address it 13

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 the 19

event that--I know we’re gonna schedule a review hearing 20

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 south 22

for lack of a better phrase, I don’t wanna wait 30 days. 23

THE COURT: No you’d come right away. Emergency 24

motion. 25

7

MS. MIDDLDITCH: So--and could--could I just 1

contact your clerk and we’ll try to coordinate something 2

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 the 9

same for you. 10

MS. GUCCIARDO: Thank you. 11

MR. BOSSORY: Thank you. And--and one of the 12

things that we had proposed was to start reunification 13

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 to 17

Mr. Lansat and-- 18

THE COURT: When he was working? You’re not 19

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. I 24

apologize if I misstated that. 25

8

THE COURT: I (indiscernible) didn’t know you 1

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 wants 4

to focus on getting the parenting time started and that’s-5

-that works with me. I just wanted to make sure that 6

that’s out there--that’s something that we’re willing to 7

do-- 8

THE COURT: Thank you. 9

MR. BOSSORY: --ah--if the Court wants to 10

entertain that. 11

MS. MIDDLEDITCH: May I respond? 12

THE COURT: Yes. 13

MS. MIDDLEDITCH: I believe there’s already a 14

court-order in place that gives Mr. Lansat the authority 15

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 with 18

Mr. Lansat. 19

THE COURT: Okay. Mother, I--I’m very hopeful 20

the next 30 days provide something good to say on your 21

behalf because I will tell you when I read Ms. 22

Middleditch’s verified motion I was less than displeased 23

which I don’t even know what word that would be. And I 24

know you have a lengthy response but I’m hoping we won’t 25

9

have to--I’m hoping that dad’s home and things go 1

remarkably, surprisingly well. ‘Cuz I would hate for your 2

sake to have to hear this motion. 3

MS. MIDDLEDITCH: Your Honor may I say one 4

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’s 9

really important and I’m, of course directing my comments 10

to the Plaintiff but I’m sure the Court could say it to 11

anybody coming before you that it’s really important that 12

we don’t just follow the orders to a T but that we follow 13

the spirit of the orders. We can’t just say I brought the 14

kids there and dropped them off--like facilitating that 15

real relationship. He is here. He is their father. He 16

has never given up. I think it is remarkable--remarkable 17

that after the years that he had to finish in Israel he 18

was able to obtain that transfer and come here. Um--I 19

really think it’s more than just dropping them off at the 20

parenting time but it’s actually encouraging that 21

relationship and saying, hey, he’s not a bad person, he 22

does love you, and go talk to him and tell him about your 23

extracurricular activities, tell him about school, and 24

really encouraging that relationship. 25

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 not 5

just the relationship and what mom can do, the--the break 6

in the bond is between dad and the children and I think we 7

all have to agree on that. That’s where the--that’s the 8

problem and one of the things we have to try and fix is 9

the bond between dad and the children, which is why we 10

offer reunification therapy. I’ve been working with mom 11

and--and Mr. Lansat for the last three months. She’s been 12

doing everything that they’ve been asking. 13

MR. LANSAT: I don’t know if I agree totally 14

with Mr. Bossory--he’s a great lawyer--his assessment on 15

that but-- 16

THE COURT: When I read--when I read the motion 17

I thought to myself, your kids are meeting dad for dinner 18

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 dinner 25

11

with dad and they don’t eat dinner with dad what do they 1

eat afterwards, that’s what I wonder. When they come home 2

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 dad 5

I’m ordering there’s no food afterwards. No snacks. 6

Nothing except water from the refrigerator--I mean from 7

the faucet. Mom, the kids can’t eat--kids don’t rule the 8

show. So that’s my--is that okay with ev--Mr. Lansat? I 9

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 days 14

they have dinner with dad, that’s the only food their 15

eating from lunch on. 16

MR. LANSAT: Yeah, it’s gotta stop. We’re 17

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 your 21

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 you 25

12

go to bed hungry and in the morning maybe you’ll have some 1

food. 2

MR. BOSSORY: So that--oh--okay I just wanna 3

make sure that we--we deal with the health and the safety 4

of the children. 5

THE COURT: Yes. 6

MR. BOSSORY: I--you’re not gonna--you’re not 7

gonna die after missing one meal, I get that. But I wanna 8

make sure that we’re not--you know punishing the children 9

for something that’s not-- 10

THE COURT: No but I mean the kids need to know 11

they’re eating dinner or that’s--they’re not--that’s--12

that’s their time to eat. If they wanna forfeit dinner 13

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. His 18

attorney didn’t ask that. He didn’t ask it and he’s not 19

agreeing or disagreeing, I don’t even want to know what he 20

thinks. This is the bad Judge that you unfortunately have 21

for the next five years, nine months. 22

MR. BOSSORY: My only--Judge my--my biggest 23

concern is I--I’ve read the file and I admit I haven’t 24

been on the case very long and--but I’ve seen how things 25

13

go. I get the reports. Um--I hear what the children--how 1

the children are like they--they--how they’re acting 2

during visitation. Mom is--is encouraging that on her 3

end. She’s getting the kids there and I--I understand 4

that’s been an issue in the case, that mom actually 5

physically getting the kids to visitation. She’s gonna 6

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 what 9

mom’s expectations are and I think the Court is right to 10

some extent. Mom has to encourage that relationship. Mom 11

has to not--certainly not disparage dad and I don’t think 12

she’s doing that ah--and she has to let the kids know that 13

they’re gonna be safe there and that that relationship is 14

important. What the kids do with that and--and their time 15

with dad when mom’s not there to push it on even more, she 16

can’t control. So I wanna make sure that we’re not being 17

set up for an unrealistic-- 18

THE COURT: I disagree with everything that came 19

out of your mouth. 20

MR. BOSSORY: Okay. 21

THE COURT: When they’re 18 they can--you don’t 22

have any control and they can go live in a third world 23

country. But this is Michigan and these are the rules in 24

family court. If it’s lunch and they choose not to eat 25

14

then there’s no lunch. There’s no snacks until their 1

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 rise 4

to my comment, frankly, was there’s Skype. You know we’ve 5

talked about Skype a bazillion times in here. Um--but 6

with the Skype-- 7

MR. BOSSORY: We don’t have an issue with that. 8

MS. MIDDLEDITCH: --the--the--with--with the 9

Skype prior to me filing this show cause motion the kids 10

would come on Skype and stare at the ceiling for 10 11

minutes until the call was disconnected and refuse to talk 12

to my client. 13

THE COURT: Well see then--then it’s the Court’s 14

order that they lose all electronics, they lose all TV and 15

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’re 18

getting poor grades--I don’t know if you weren’t sitting 19

in here actually--this kids getting horrific grades, then 20

there’s no electronics ‘til you work your schoolwork. 21

There’s no anything else that’s fun until you repair the 22

most important relationship the children are ever gonna 23

have is with their parents and until that relationship is 24

repaired there is no fun for your children. 25

15

MR. BOSSORY: Judge, agree that they have to--1

they have to repair that relationship but here’s what’s 2

probably gonna happen-- 3

THE COURT: Thirty days. 4

MR. BOSSORY: --mom’s gonna say-- 5

THE COURT: I’m looking forward to 30 days 6

success and if not this is what I’m going to do so 7

hopefully you’re hearing what I’m saying mom, and dad, and 8

there’ll be such success and things can go from there, 9

otherwise-- 10

MR. BOSSORY: Judge I’m tryin’ to be candid 11

here, I--mom’s gonna do what she can but this relationship 12

has been so fractured for so long-- 13

THE COURT: All right, then it’ll be great ‘cuz 14

they’ll just be tutoring all day long-- 15

MS. MIDDLEDITCH: And in conjunction with-- 16

THE COURT: --tutoring, doing homework and 17

reading--reading books. 18

MS. MIDDLEDITCH: --in conjunction with the--the 19

punishment I think it would be really helpful if we--we 20

heard mom saying, hey why don’t you tell dad about how you 21

won your tennis match. What’d you get on your calculus 22

exam? 23

MR. BOSSORY: We do encourage that-- 24

MS. MIDDLEDITCH: What did you--no that has 25

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 a 4

result of where the relationship is and penalizing the 5

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 needs 12

to tell you’re not being--the Judge actually wants you to 13

get--have better grades and so all--you’re not allowed to 14

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 grade 20

then-- 21

MR. BOSSORY: --advanced placement classes. 22

THE COURT: --with all this no electronics, no 23

TV, no movies, no friends, dates, no--no nothing. In 30 24

days-- 25

17

UNIDENTIFIED FEMALE SPEAKER: They--they tried 1

that--Dr. Rudolph tried that. 2

THE COURT: --I’m ready--I will be ready to rule 3

that in 30 days if I don’t hear the extraordinary efforts 4

you’re doing from your ex. I’m going to want to hear it 5

from your ex what happens at the--the next parenting 6

times. 7

MR. BOSSORY: We’re setting it up for failure 8

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 gonna 13

happen. Mom has been doing what she has to have been 14

doing. 15

THE COURT: Well--okay if you know what happens, 16

then I’m gonna tell you what’s gonna happen mom. He’s 17

gonna file a motion to change custody and if I grant that 18

and I don’t grant the stay you will not get relief for two 19

years and we’ll flip-flop the time. If he’s able to prove 20

to me all the things he’s saying and if it meets the 21

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’t 24

want dad to move to Israel. 25

18

THE COURT: They didn’t get divorced. And I’m 1

sorry for all the military people that have to go overseas 2

too. I’m sure not every single one wants to be there. 3

MR. BOSSORY: I’m sure they don’t and one of the 4

things-- 5

THE COURT: That’s my ruling. Good luck next 30 6

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 clerk 9

for 30 days? 10

THE COURT: Yeah, sure. 11

(At 12:13 p.m., proceeding concluded) 12

* * * * * *13

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