Apr. 19 2024, Revealed 1:00 p.m. ET
Carol Burnett’s daughter Erin Hamilton was slammed by the guardian representing her son Dylan after she pleaded for visitation to be reinstated.
In keeping with court docket paperwork obtained by RadarOnline.com, Dylan’s guardian, Jodi Montgomery, opposed the latest emergency movement introduced by Erin.
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Carol and her husband Brian filed to position Dylan beneath a guardianship in 2020. The comic claimed her daughter had an extended historical past of habit points. She mentioned Erin was not an acceptable father or mother to lift her grandson nor was the kid’s father.
The court docket appointed Carol and Brian as co-guardians till they employed Jodi to take over.
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On this case, Erin was awarded visitation with Dylan. She was allowed monitored Zoom calls. Final 12 months, the visitation was suspended after the court-appointed lawyer for Dylan accused her of violating the court docket order.
The lawyer claimed Erin had “run into” Dylan and his father whereas they had been out. The trio then had dinner. The lawyer mentioned this was towards the foundations and requested that visitation be suspended attributable to Erin’s “erratic and unpredictable conduct.”
The court docket agreed and suspended Erin’s visitation.
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As we first reported, this month, Erin pleaded with the court docket to reinstate her visitation and permit her to attend Dylan’s upcoming highschool commencement.
Erin mentioned she has been sober for months. She complained that the listening to on her visitation has been pushed to September — which might make it one 12 months since she spoke to her son.
Erin’s lawyer wrote, “There was no proof of any hazard to the kid offered that may be resolved by prohibiting the monitored, distant viz Zoom visitations. Furthermore, stopping all contact for a 12 months is draconian in addition to punitive. The listening to the place the order was issued terminating all visitation was not even a listening to on the visitation difficulty – it was an annual standing report listening to.”
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He added, “There was no exhibiting of any hazard from the monitored distant visitations. Accordingly, it’s applicable and the suitable factor to do to reinstate Ms. Hamilton’s monitored visitations and permit her to attend her son’s commencement in Could.”
In a declaration, Erin wrote, “I’m hardly a hazard to my youngster. I’ve been drug/alcohol examined persistently since shifting again from Hawaii and I work with folks in remedy and I have to stay fully sober as a way to maintain my job. I like my job and I like being sober.”
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Now, Dylan’s guardian Jodi demanded the emergency movement be shut down.
Jodi argued there was no actual emergency and Erin may wait till September. She mentioned she wanted to current witnesses and proof on the upcoming listening to.
She mentioned, “This Ex Parte is an try and end-run round that upcoming evidentiary listening to by asking that every one the substantive points to be determined at or not it’s determined now as an alternative, on the papers.”
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“The Guardian wants her personal alternative to current witnesses and proof, in addition to to cross-examine Applicant’s witnesses,” she added. “This case has an extended historical past of Applicant violating the Courtroom’s visitation orders and, even to her personal admission, Applicant’s claimed sobriety is barely 6 months’ lengthy.”
Jodi mentioned Erin had “flagrantly violated” the court docket order quite a few occasions. “Guardian is additional knowledgeable and believes that Applicant’s violations of this Courtroom’s visitation orders are nonetheless occurring with unmonitored contact, as we’ll present if an evidentiary listening to is scheduled upon this Ex Parte,” she mentioned.
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As well as, Jodi mentioned Erin’s lawyer claimed in August 2023 that Erin was dwelling at a sober dwelling facility. “Additional investigation revealed that this was false,” mentioned the movement.
“Applicant has an extended historical past of struggling together with her drug and alcohol addictions. Whereas Guardian definitely needs that Applicant’s present claims to be clear and sober are true, sadly Applicant has made these claims earlier than, and her durations of sobriety have been short-lived,’ attorneys for Jodi wrote.
Jodi argued the matter needs to be heard in September. She mentioned if the court docket permits Erin to attend the commencement there needs to be strict guidelines in place.
The choose set a listening to for subsequent week.