Horman’s Child Custody Battle Rages Amidst Accusations
Posted on Nov 2, 2010 3:20pm PDT
The Oregonian has reported that Kaine Horman's lawyers are being accused by Terri Moulton Horman's lawyers of unjustly targeting her right to unsupervised visitation with the couple's daughter with an affidavit that seeks only to "inflame and poison" public opinion of her.
Peter Bunch, attorney for Moulton Horman, stated that the latest affidavit is both "vicious in its tone and content." Its sole purpose, in regards to the relationship Moulton Horman has with her two year-old daughter, Kiara, is to "completely destroy and sabotage" it.
In reference to Moulton Horman failed polygraph test, alcohol abuse and belief in her involvement in the June 4 disappearance of his son, Kyron Horman, Kaine Horman called his estranged wife an "emotionally disturbed individual" in the affidavit.
In an effort to connect both his son's disappearance and his daughter's possible witness to "some imaginable acts of horror", Kaine Horman also included 17 pages of graphic text messages between Moulton Horman and Michael Cook - a high school friend of his - that took place from late June to early July.
Laura Rackner, former prosecutor now serving as Kaine Horman's divorce attorney, and Kaine Horman, are accused by Bunch of flouting Oregon laws in regards to civil procedure, evidence and the states rules in regards to professional conduct.
Specifically the polygraph results, hearsay and irrelevant personal texts have all been gained in the ongoing criminal investigation on Kyron Hormon's disappearance and are not admissible in the divorce court proceedings.
Both Stephen Houze, Moulton Horman's defense attorney, and Bunch said, "Such improper and sanctionable actions by Father and his counsel must be rejected by this court. The inescapable conclusion is that such actions are not motivated by what is in the best interest of Kiara. ... The full extent of the harm to Mother caused by these tactics is far-reaching, unacceptable and likely irreparable."
Kyron Horman, 7, has been missing since his stepmother, Moulton Horman, dropped him off at Skyline School to attend a science fair. She has not been arrested but remains under investigation.
Kaine Horman left the family home when he learned, via the investigation, that Moulton Horman had attempted to hire a landscaper to murder him six months before Kyron disappeared.
Two days later Kaine Horman filed for divorce, gained a restraining order, and prohibited Moulton Horman from having any parenting time with their daughter.
Moulton Horman's lawyers wrote, "It is becoming evident that Father's mission is to completely destroy and sabotage the mother/child relationship. It is also becoming evident that no matter what the court may ultimately order, there is no reason to believe that Father will do anything other than to continue to engage in these harsh tactics, to the utter detriment of his daughter."
Their statement continued, "The sole issue that needs to be addressed in Mother's motion is whether there are appropriate, supervised circumstances under which Kiara can be reunited with her mother. However, rather than making a long-range and reasoned assessment of what is in Kiara's best interests, Father is focused on Mother's destruction. His inflammatory rhetoric does nothing to meet his daughter's needs; rather, he is flouting well-established principles of Oregon law to further his crusade against Mother."
Facing a child custody battle and need help? Click here for our directory to contact an attorney that specializes in family law.