EXCLUSIVE: Jesse James Ex Starting New Court Battle, Says She's Cut Off From Daughter


Posted on Sep 17, 2010 @ 09:20AM  
WENN.com

Janine Lindemulder is pushing for Jesse James and their daughter Sunny James to undergo a court-ordered evaluation – known as a 730 evaluation -- which could result in a change in the current custody conditions, she told RadarOnline.com.

Lindemulder was back in Orange County Family Court on Thursday for an emergency hearing after Lindemulder did not have any contact with her daughter for the past three weeks. James was not present but his lawyer was there.

PHOTOS: Sandra Bullock And Jesse James Through The Years

Sunny is currently going to school and living with her motorcycle mogul dad in Austin, Texas, and Lindemulder believes that he is purposefully alienating their daughter from her while she remains in California.

Read Janine Lindemulder's full letter to Kat Von D

Lindemulder’s lawyer Richard Masson told RadarOnline.com: “We are pushing for the 730 evaluation because quite clearly the conditions put in place by the court are not working here.

“It is Jesse James responsibility to make sure that Janine is afforded daily contact with Sunny via telephone calls and through pre-arranged visits and that is just not happening.

PHOTOS: Sandra Bullock Parties In Gay Bar

“The court recognizes the seriousness of the situation and we will continue to fight to make sure that my client has constant access to her daughter in a fair and safe environment.”

In July, Commissioner Thomas Schulte ruled that both parents would have joint legal custody of Sunny, but that it was in the child’s best interest for her to live in with her dad Austin.

PHOTOS: Sandra Bullock Shops In Austin

Under the terms of the agreement, Lindemulder was supposed to have regular visits and contact with Sunny while she remained in California.

A 730 evaluation is a court ordered study of a family, its members and their relationship with the intent of restructuring parental rights and responsibilities concerning their children.

PHOTOS: Jesse James’ New Home In Austin

It is requested by parents or ordered by a judge when parties cannot decide on the best custody arrangements for their child.

A 730 evaluation is carried out by a mental health professional who recommends to the judge what they believe would be in the best interests of the child after interviewing all the parties and examining the interaction.

Janine told RadarOnline.com : “I’m pleased that the court saw this situation as an emergency and I will continue to fight against parental alienation.

Jesse James & Kat Von D Kissing

“Jesse has told Sunny that they will never move again and other personal details about me that no six-year-old needs to know.

“I’m Sunny’s mom not Sandra Bullock or Kat Von D and I need to establish a loving bond with my daughter so that she can develop into a balanced adult.

PHOTOS: Inside Jesse James New Home

“If need be I intend to pack up my truck and drive down to Texas to be beside Sunny. My message to Jesse James is quite simple: I’m not going away!”

In recent weeks James has started dating celebrity tattoo artist Kat Von D.

Lindemulder and James are scheduled to return to Orange County Family Court in October.

AUDIO: Kat Von D Defends Jesse James, Dances Around Romance Rumors

RELATED STORIES:

Sandra Bullock Gives Ex Jesse James Texas-Sized Welcome To Austin

Jesse James And Sandra Bullock Drop Price On Former Love Nest

Jesse James and Kat Von D Get Cozy For Lunch

Jesse James and Kat Von D Step Out Together

EXCLUSIVE: Jesse James' Former Neighbors 'Happy' He Left Town



I truly hope that child protective services is totally involved in the childrens lives...I'm not sure they belong with either of them, money notwithstanding, the mom is begining to seem better for Sunny than Jesse?

by frogkisser
Posted Sat, 09/18/2010 - 10:39am

I read that Sunny has her own phone so Janine could talk to her.Did he cancel it? Anyhoo hope the judge makes JJ go back to LA so he can leave SB alone & she can move on.SB is looking good.She can always see the kids when she's in LA.

by atlantis
Posted Sat, 09/18/2010 - 10:27am

Maybe Jesse is doing this so the court will change custody arrangements and he will have to move back to
CA , use the court as an excuse to move back instead of it being for Kat Von D, the real reason.

by Kat49
Posted Fri, 09/17/2010 - 7:05pm

When Jesse is in LA messing with Kat. He should bring Sunny to visit her mother. I see he doesn't. The children can't raise themself.

by Caren
Posted Fri, 09/17/2010 - 5:34pm

Janine needs a chance. We all have fallen short. She has the system overseeing her. Jesse needs to be overseen also.

by Caren
Posted Fri, 09/17/2010 - 5:33pm

i wonder why jesse is not letting her have contact with her mother its not like he's always in austin with the child. sadly both parents are a couple of idiots and very selfish

by gossip4fun
Posted Fri, 09/17/2010 - 4:41pm

It appears that Janine is trying to get her life in order, so why shouldn't she have some contact with her
daughter? What harm is it to Jesse if Sunny talks to her mom via the telephone. Best of luck to you Janine.

by sharonsusan
Posted Fri, 09/17/2010 - 4:29pm

Hate to say it, but I agree with the mom. Jesse is sorry he moved to Austin now that he is over Sandra. And out of spite he keeps Sunny away from her mother.

by VadSanta
Posted Fri, 09/17/2010 - 2:52pm

This woman should take a bit of a breather. She really doesn't have much to offer this little girl-she'd do well by not running up more legal bills on the premise that Jesse will pay for it. Empty endeavor-move on with your life.

by Smooch1
Posted Fri, 09/17/2010 - 2:20pm

I don't be informed as well as you to know if the mother has much to offer, it appears to me that Jesse has neither, Sandra is going to work again. I'd move to Austin, with 4000 child support this should be possible.

by Tilia
Posted Fri, 09/17/2010 - 5:21pm

Sample Header

The Daily Juice