The bitter custody battle between Jesse James and Janine Lindemulder continued in court Friday as a judge granted a “730 Evaluation” in an attempt to end the contention between the parties, RadarOnline.com has learned.
James did not attend the hearing held in Judge David Belz’s courtroom at the Santa Ana Justice Center although Lindemulder was present.
In California, a “730 Evaluation" can be described as an in-depth study and investigation of the "family, it’s members, and/or prospective members" and their relationship with the children.
The evaluation is carried out by an "evaluator" with the intent of helping the court determine what custody, visitation, and/or parenting arrangement would be in the "best interest of the children."
On Friday, Lindemulder's lawyer, Richard Masson, contended that James had "no intention" of allowing the mother and daughter to establish a bond.
James lawyer, John Schilling, countered that it was Lindemulder's behavior which had prevented this from happening in recent times.
Schilling argued that the previous evaluator, Dr. Busey, should carry out any new assessment of the couple but Masson contented that his client wanted somebody new to look at the case.
Judge Belz said: "The problem here is we have no trust between the parties.
"If ever there was a case that needs intervention, it is this one.
"We have to focus 100 per cent on Sunny and what her best interests are."
Interestingly, John Schilling admitted that James finances were "in flux just now" while the court heard about pending income declarations on the motorcycle mogul’s behalf.
Both parties agreed that Dr. Mann would carry out the new 730 evaluation and that James will pay for it.
The judge ordered that Lindemulder get her daughter for Thanksgiving with her family in Oregon, if Sunny can be accompanied on the flight.
James was given two weeks to pay outstanding legal fees of over $50,000.00 to Lindemulder’s attorney.
Following the hearing, Lindemulder tells RadarOnline.com, “I'm happy about the 730 Evaluation and that I will see Sunny for Thanksgiving but we have been here so many times before, I will believe it when I see it.”
The parties are scheduled to be back in court in February 2011 for the status of the 730 Evaluation.