‘Flagrantly Violated’: Lawyer Fighting Carol Burnett’s Daughter Erin’s Plea for Visitation With Son Despite Claims of Sobriety
April 19 2024, Published 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.
According to court documents obtained by RadarOnline.com, Dylan’s guardian, Jodi Montgomery, opposed the recent emergency motion brought by Erin.
Carol and her husband Brian filed to place Dylan under a guardianship in 2020. The comedian claimed her daughter had a long history of addiction issues. She said Erin was not a suitable parent to raise her grandson nor was the child’s father.
The court appointed Carol and Brian as co-guardians until they hired Jodi to take over.
In this case, Erin was awarded visitation with Dylan. She was allowed monitored Zoom calls. Last year, the visitation was suspended after the court-appointed lawyer for Dylan accused her of violating the court order.
The lawyer claimed Erin had “run into” Dylan and his father while they were out. The trio then had dinner. The lawyer said this was against the rules and asked that visitation be suspended due to Erin’s “erratic and unpredictable conduct.”
The court agreed and suspended Erin’s visitation.
As we first reported, this month, Erin pleaded with the court to reinstate her visitation and allow her to attend Dylan’s upcoming high school graduation.
Erin said she has been sober for months. She complained that the hearing on her visitation has been pushed to September — which would make it one year since she spoke to her son.
Erin’s lawyer wrote, “There was no evidence of any danger to the child presented that would be resolved by prohibiting the monitored, remote viz Zoom visitations. Moreover, stopping all contact for a year is draconian as well as punitive. The hearing where the order was issued terminating all visitation was not even a hearing on the visitation issue – it was an annual status report hearing.”
He added, “There was no showing of any danger from the monitored remote visitations. Accordingly, it is appropriate and the right thing to do to reinstate Ms. Hamilton’s monitored visitations and allow her to attend her son’s graduation in May.”
In a declaration, Erin wrote, “I am hardly a danger to my child. I have been drug/alcohol tested consistently since moving back from Hawaii and I work with people in treatment and I must remain completely sober in order to keep my job. I love my job and I love being sober.”
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Now, Dylan’s guardian Jodi demanded the emergency motion be shut down.
Jodi argued there was no real emergency and Erin could wait until September. She said she needed to present witnesses and evidence at the upcoming hearing.
She said, “This Ex Parte is an attempt to end-run around that upcoming evidentiary hearing by asking that all the substantive issues to be decided at it be decided now instead, on the papers.”
“The Guardian needs her own opportunity to present witnesses and evidence, as well as to cross-examine Applicant’s witnesses,” she added. “This case has a long history of Applicant violating the Court’s visitation orders and, even to her own admission, Applicant’s claimed sobriety is only 6 months’ long.”
Jodi said Erin had “flagrantly violated” the court order numerous times. “Guardian is further informed and believes that Applicant’s violations of this Court’s visitation orders are still occurring with unmonitored contact, as we will show if an evidentiary hearing is scheduled upon this Ex Parte,” she said.
In addition, Jodi said Erin’s lawyer claimed in August 2023 that Erin was living at a sober living facility. “Further investigation revealed that this was false,” said the motion.
“Applicant has a long history of struggling with her drug and alcohol addictions. While Guardian certainly wishes that Applicant’s current claims to be clean and sober are true, sadly Applicant has made these claims before, and her periods of sobriety have been short-lived,’ lawyers for Jodi wrote.
Jodi argued the matter should be heard in September. She said if the court allows Erin to attend the graduation there should be strict rules in place.
The judge set a hearing for next week.