You're really addicted, you know? You just can't do it one day, it's just like a junkie, it's starting to worrisome, I'm really worried, it looks bad."
The plaintiff: "Are you serious about me? There is no connection, my mother said she gets it on the tenth, what is the connection? We went because I wanted to see them and that we would stay there because of the ... situation Thank you very much"
The defendant: "I want you to know that if you feel it's out of your control, it can be fixed. There are small, private rehab courses That no one knows that you did it, you are not recorded anywhere...
Mami , a junkie, doesn't know he's a junkie, he always thinks it's in his control.
I have to be with you with my finger on the pulse because in my opinion it's very exaggerated,
You get stressed and look for where to organize it for you before you run out so that you won't be without it for a moment
Try to relax with it, especially if you take it to work a few times
And at 5 a.m., you smoke what's left in the ashtray...
It's really out of taste, relax and gather yourself on this subject."
Although the plaintiff claimed in her cross-examination that the defendant used to smoke with her on a regular basis, she did not bring any objective evidence that this was indeed the case, such as an exchange of text messages from which it can be learned that this was a mutual matter. Even at this stage, when the defendant reflects to the plaintiff the fatherly difficulty she experiences in the relationship with her due to the use of drugs, the plaintiff does not turn to a parenting agreement, a matter that once again raises a question about the intention of joint parenthood.
- It was found that in practice, even before the minor was two years old, more cracks began to open between the plaintiff and the defendant, both because of the plaintiff's unbalanced behavior, because of the debts in which she was immersed, and because of her increasing drug use. The defendant's patience became shorter and shorter, as she shared with the plaintiff about the thoughts of separation that began to arise in her. At this stage, too, the plaintiff did not see fit to turn to the matter of parenthood, without any justification.
- Conduct after the separation and before the accident:
- The couple separated, as mentioned, in October 2020 and signed the required documents at the New Family offices in December 2020, but did not sign any documents related to the minor. This is an obvious matter that should have been settled, if not close to the date of the minor's birth, then at least on that date.
- The testimonies indicate that shortly after the separation, the relationship between the minor and the plaintiff was maintained. There is indeed a dispute as to the exact frequency of the contact, with the plaintiff claiming that the meetings took place every Monday and Wednesday and on Saturdays once every two weeks in her apartment in the center (p. 31 of the transcript); While the defendant claims that the contact did not take place permanently and that the minor's collection from the kindergarten was done in her presence, as the kindergarten teacher also testified (pp. 133-134 of the transcript), this is a dispute that is not substantive, since there is no dispute that during this period the contact was maintained.
- On the plaintiff's birthday, February 16, 2021, the defendant arrived with the minor at the plaintiff's home and this was done in a good and pleasant atmosphere, as testified by the plaintiff's sister (p. 82 of the transcript).
- On the minor's third birthday, July 17, 2021, the relationship between the parties was still maintained, and the defendant still regarded the plaintiff as the minor's additional mother, although she claimed that she did so because she could not cope with the difficulties on the plaintiff's part. The following is the testimony of the defendant (p. 149 of the transcript):
- I refer you to Exhibit 7 of the additional exhibits on our behalf, p. 33 of July 11, 2021 -(The plaintiff) Greetings A' On her birthday and then on page 34 you reply to her, writing:
"Moving, one mother and special to A., you won each other and there is no doubt that your love is seen and felt at every moment of her life and in your life, you are an amazing, inclusive, patient and pampering mother, and you will always continue to do so, alongside the entire blessed and beloved family."