You were living together and conceived a child with him.
He began exhibiting behaviors of somebody who was using drugs.
You called child protective services
for kidnapping your son.
- She left the jurisdiction. - Yes, ma'am.
- How long? - Six months.
- You wouldn't like that. - I... I would not.
Well, he's a parent, just like you are.
[announcer] This is Judy Justice.
[theme music playing]
[announcer] Eve Rockhill is suing her ex-boyfriend, Andrew Tallon,
for the cost of a car he wrecked during an accident.
[bailiff] Court come in order. All rise.
Have a seat, please.
Hello, judge. Case 21- 63, Rockhill vs. Tallon.
- Thank you. - You're welcome.
[Judy] Ms Rockhill, this is basically what the case is about.
You and the defendant were in a relationship,
you have one child together,
and it is your claim that some three years ago he took your car,
with your permission.
- You were living together at the time? - Yes.
He took your car and had an accident.
- Correct, yes. - And that was three years ago,
and you want him to pay $5,000 on a car
that Sarah has already checked, which is worth...
Between 1,400 and 3,000.
Which is worth a quarter of that.
- Do you understand? - Correct, yeah.
Yeah, okay, so I want you to forget about $5,000.
So if he's responsible for anything for the car,
he's responsible for what it's value is,
which is about 1,400 bucks.
How long had you been living together when he borrowed the car.
About a year.
[Judy] Okay, and was your child born during that time?
- Yes. - [Judy] What month and year
was the child born?
August 2018.
When was the first time that you asked Mr. Tallon
for money for this car that had been in an accident?
After he was released from jail,
he got arrested from a previous warrant, um, at the scene of the accident,
uh, directly from the hospital,
so when he was released from jail.
What was the date of the accident?
April 30th, 2019.
And how long were you held in jail, sir?
I believe June 11th or so.
- Roughly almost six weeks. - [Judy] What was the warrant for?
Domestic battery.
- [Judy] Against whom? - Against Eve.
- [Judy] Against her? - [Andrew] Against Eve.
Yes, against her.
While you were living together, did you file another complaint
after the accident?
No, I didn't. There was a warrant from the initial complaint.
And what year was that?
That was around November of 2018.
But you remained living together and you had a child together.
Why didn't you just withdraw that case?
[Eve] I did withdraw it.
I didn't realize that a warrant had been released
until it was, until it was acted upon.
Well, when he was arrested and he was held in jail, he contacted you, correct?
- Yes. - [Judy] Of course he did.
Because he said, "What's going on? We're living together, we have a child,
what's this warrant for domestic battery?"
It just took time for me to get it dismissed.
[Judy] No, what I'm asking you is, he contacted you?
- Yes. - [Judy] And when he was released in June,
of 2019, where did he go to live?
- Uh, he came back. - For what period of time?
About a month, maybe two months at the most.
And you lived together as a couple,
- with the baby. - Yes.
[Judy] And how old was the baby at the time?
He would've been about
between six and eight months, off the top of my head.
- And the two of you cared for him. - Yes.
[Judy] And during that two or three month period
there was no discussion, that you have in writing,
about paying back for the car.
- Not in writing. - [Judy] Not in writing.
And what happened after the two months?
He began exhibiting behaviors that were
the behaviors of somebody who was using drugs again.
Um, he was clean for a long period of time,
and he just, his attitude changed,
his behaviors changed, and I decided that
it was time for him to go back to his mother's house.
- [Judy] And he did. - Correct, yes.
- That was after a couple of months? - Yes.
So that would've been in maybe August or September, is that right, sir?
- Yes, ma'am. - [Judy] Okay, so in August or September.
Did he continue to see his son?
He did, yeah. I would, um, I would bring Eden down
to his mother's house for them to have visits together.
His mother has always been a safe spot for them to visit.
All right, and how long did you do that?
Up until recently.
- We're pretty much... - Recently, so you're talking about
'19, '20, '21.
- Yes. - [Judy] Right.
There was a period of time where,
because he was living with his mother at first, there was a period of time
where I didn't know where he was living, it made me uncomfortable
that I was bringing my son, even though they were visiting at his mother's house,
it made me uncomfortable that he wouldn't let me know
and address for him, just in case anything happened, just in case,
you know, anything, anything happened, basically.
He wouldn't, he didn't give me an address
or me to find him, or for me to know where Eden might be
if anything were to happen.
So, what I'm getting is for three years after this accident
there was no request that you can demonstrate,
and you weren't together, certainly, so for the last two years,
you never went and filed claiming that he owed you money for the car.
- So, I... Sorry. - Just, is that correct.
No. I did attempt to file several times,
but I didn't have an address for him. I did tried to file once for an address...
Do you have any proof of that?
- I do not. - [Judy] No.
You continued to bring your son
for visitation with his father.
- Correct. - [Judy] Which is a very easy thing to do,
you're a smart enough gal, I'm gathering that.
You bring a friend, you serve him personally
with a summons and complaint.
So the answer is for three years you did nothing.
Now I'm gonna find out why, after three and a half years,
you've filed this complaint over a $1,400 car.
- The child is no longer in your custody. - Temporarily.
[Judy] The child is no longer in your custody.
The child is in the physical custody of the paternal grandmother.
- And that is by court order. - Yes.
And they found that the child would be at risk in your custody.
Yes.
[announcer] Eve Rockhill claims her ex- boyfriend, Andrew Tallon
owes for totaling her car.
Andrew is countersuing for emotional distress and attorney fees
after Eve took their son.
Okay, you bring a friend, you serve him personally
with a summons and complaint.
So, the answer is for three years you did nothing.
Now I'm gonna find out why, after three and a half years,
you've filed this complaint over a $1,400 car.
Now, Mr. Tallon says in his cross complaint
that there came a time when you left the state,
the jurisdiction, that was the child's home state.
Yes.
And when did you leave the jurisdiction?
That was in September of 2021.
And you went from where to where?
We went from Florida, we stopped in South Carolina for a period of time,
we had a little vacation before we had to go, cause we were going to work,
we were going to clear a property out for sale.
So you left the jurisdiction with the child.
- Yes. - [Judy] Prior to that,
Mr. Tallon had been seeing the child
- regularly at his mother's house. - [Eve] Yes.
- Did you tell him you were leaving? - Yes.
What did he say when you told him you were leaving?
He didn't really say anything, he just wanted to spend time with him,
which he was, you know, they did spend time together before we left.
Not before, after you left.
- You moved to New Jersey. - I didn't move.
- I didn't move to New Jersey. - [Judy] What did you do?
So, like I said, we went there to liquidate a house that we have there.
- It took longer than expected. - How long?
It took about five months, six months.
Things happened with the closing, deals were made and fell through.
How long did you tell him you were gonna be away?
I was only supposed to be away for two weeks.
That's a big deal, Ms. Rockhill.
- That's a big deal. - It is.
[Judy] Because if he says, "I'm taking Eden for a two week vacation,
if that's okay, I know you took him away, I'd like take him away
for a two week holiday," and he goes away for six months,
- you wouldn't like that. - I... I would not.
[Judy] You would not.
Well, he's a parent just like you are.
That's what the law says.
The law says men, women, treated just about equally when they have a child.
If you said to him, "I'm going away for six months," and he said okay,
well then you'll agree to. But you said, "We'll be away for two weeks,"
and it lasted longer.
- Yes, that's... - And during the time
that it lasted longer,
about six months longer than it was supposed to,
what arrangements did you make for your son to see his father?
They had video calls regularly, um,
I told him I would be back when, as soon as I could.
Let me... just a second. So the answer is, you did not make any,
- because he has a counter claim, here. - Yes.
And his counter claim is for the fact that you took the child
out of the jurisdiction, deprived him of the ability to see the child,
subsequently, due to circumstances, and I'm not sure what that is,
- the child is no longer in your custody. - Temporarily.
[Judy] The child is no longer in your custody,
the child is in the physical custody of the paternal grandmother.
Is that correct? And that is by court order.
- Yes. - The beginning of that process
was made in what month and year?
July of 2022.
Was that a child protective proceeding?
It was, yes.
And I assume that if it was a child protective proceeding,
that the court found that based upon whatever
was alleged in the petition that was not brought by him
but by the Department of Social Services
or Child Welfare Administration,
they found that the child would be at risk in your custody.
Yes.
And as a result of that, they took the child into care,
and this is all stuff, cause I've been here,
I've, you know, this is my bread and butter.
Instead of placing the child in a strange foster home,
they placed the child with the defendant's mother.
- Correct. - [Judy] For how long a period?
Eighteen months?
Indefinite. Um, there's no specified period of time, however...
Well, they have... the court, if the court is placing a child through the state,
unless you relinquish your parental rights, did you do that?
- No, I didn't. - Okay, unless you relinquished
your parental rights or the court terminated your parental rights,
they have to review this case periodically to see whether either one of you
as the parents are ready to assume custody of the child.
Right? So when is this case gonna be reviewed?
I believe the next review is in February.
- [Judy] February of this year? - Of this year, correct, yes.
[Judy] That's a reasonable answer, so that you do know.
So that's the change in circumstance.
Now, getting back, Ms. Rockhill, to what motivated you after three years
after you gave him permission to drive the car and he had an accident,
and you made up this whole baloney story in your complaint
that says, "Police arrested Andrew at the scene of the accident
because I had previously filed a domestic abuse charge against him
and there was a warrant." But you were living together
during the time that there was this outstanding warrant,
you were living together and conceived a child with him.
The child was already conceived,
he was already born at the time of the domestic violence altercation.
In 2018?
In two thousand, the end of 2018, yes, he was born in August
and the altercation happened in November.
So he was very young.
But you reunited and were living together
with him as a family.
- Yes. - [Judy] All right.
"The police arrested Andrew then on a domestic abuse charge
and there was a warrant. When Andrew was released from jail he disappeared."
- [Eve] So... - [Judy] That's what... Just a second.
That's what you say here.
"He disappeared, my car was fully paid off and I had no liability insurance.
Andrew refused to pay for my totaled car,
and he refused to see our son.
He moved and went into hiding."
That's what you signed, that's your complaint.
"I tried to file this small claims case against him several times,
but could not find his current address." Well that's not true.
You knew exactly where he was
until you moved out of the jurisdiction to New Jersey for six months,
because he had been regularly seeing
his son at his mother's house.
But he wasn't living at his mother's house...
It doesn't make any difference, that's not what you say here.
[Eve] I did put that he was at his mother's house.
He may not have been living there.
He may not have wanted you to know where he was living.
- He didn't, and that's why I said... - [Judy] That's okay, he doesn't have
to tell you where he's living.
Unless a judge orders him, he doesn't have to tell you where he's living.
You were having visitation at his mother's house,
so all of this stuff after the accident is all a bunch of baloney.
So did there come a time when you were concerned
that your son was using drugs.
- Um... - [Judy] That's either a yes or a no.
- Yes. - [Judy] Yes.
And was it at that time that you suggested she come and pick up Eden?
I told her to pick him up from school,
I didn't tell her to come pick up Eden and take off for five months.
[announcer] Eve Rockhill has accused her ex- boyfriend, Andrew Tallon,
of totaling her car.
Andrew claims Eve kept him from seeing their son.
You knew exactly where he was until you moved.
I didn't though. He was not living at his mother's house at the time,
that was just a place that he was visiting with Eden and that I would bring him to.
Perfect! So you would set the terms of that, and the terms were
that he could see the child even without a court order,
because he was his father and had lived with him after he got out of jail.
- [Eve] Yes. - Lived with him,
which you don't say here. After he got out of jail.
- But I didn't put that... - I don't think you have a case.
He drove the car with your permission, you were living together as a couple,
you have a child together, your case is dismissed.
Now, I want you to tell me, sir, you have a counter claim
for her kidnapping your son, she left the jurisdiction.
- You called Child Protective Services. - Yes, ma'am.
[Judy] Tell me when you called Child Protective Services.
Because that's the reason that this lawsuit came about.
The last time I saw him before she left the state with him was September 19th.
Me and my family, we went to SeaWorld,
and she was supposed to meet me.
She said, when we dropped off, that she was gonna meet me in Tampa,
and when I called her she said that she was in Jacksonville.
She lives in Ocala, so she was like still like two hours
north east of where she lives, and she wasn't in Tampa,
so I just decided just to take him home rather than argue. I took him home
and the house was just disgusting, beer cans filled up in the trash cans.
The living conditions were troubling.
Was there a neglect proceeding?
- For this? - [Judy] The baby.
I had an interview with the case worker, the investigator, initially.
[Judy] Were you there in court
- when your mother was granted... - Yes, ma'am.
- [Judy] Yes? - Yes, ma'am.
- [Judy] Was Ms. Rockhill? - [Andrew] Yes, she was there, too.
[Judy] Do you see your son regularly?
- Yes, ma'am. - [Judy] So the period of time
when you did not see him was a six month period, is that right?
That was the second time, yeah. It happened the year, the year prior,
she did it before, too,
where she removed him from school.
Since I've moved home in 2019, we've shared custody periodically
until she decides that she wants to take him
and not allow me to see him, or for whatever,
it's just, I think it's a control thing.
And this was the second time. My counterclaim is for the second time.
How long was the first time?
Roughly the same time, five months, six months.
[Judy] Where did you go the first time?
I didn't go anywhere, I actually received a text from his mother, Angel,
to come pick up Eden. Andrew was using drugs again
and come pick up Eden, it'd be easiest to do it while he was at school
to avoid potentially traumatizing Eden.
- [Judy] Did you send that email? - I did not send her an email, no.
- [Eve] It was a text. - A text.
- [Angel] I sent her a text message. - Okay, just a second.
You're his mother, come.
You sent her a text message, that's not something she would make up
because I'm gonna ask to see it, she's gonna show me.
So did there come a time when you were concerned
that your son was using drugs?
- Um... - [Judy] That's either a yes or a no.
- Yes. - [Judy] Yes.
And was it at that time that you suggested she come and pick up Eden?
I told her to pick him up from school,
I didn't tell her to come pick up Eden and take off for five months.
- I didn't take off. - [Judy] Okay, but you told her
- to pick him up from school. - Yes.
He knew where to find me, I was at the same address,
I didn't leave anywhere,
he's known where we've lived the entire time.
He could've come up and seen him, we could've met somewhere, I'm...
I don't know, you did in fact remove him the second time for six, for six months.
[Eve] I did, the second time, yes.
I did not purposefully, to keep him away from Andrew.
We just, I mean we had business to attend to,
and it ended up taking a lot longer than it should've.
Now you see him... now you see him all the time, is that right?
I actually, I live back at home again. When this happened, because...
Just a second, so you live back at home with your mother?
- [Andrew] Yes, I see him every day. - Since when?
I've been living back at home for, I think, roughly a month or so.
[Judy] Where are you working?
- I work for a solar company. - [Judy] For how long?
I went to jail for DUI last year, I got out.
That's why I'm having to do the case plan, because of my, my DUI.
That was in, like, August 1st is when I started this job.
- [Judy] Okay, are you working? - I am, yes.
- [Judy] What kind of work do you do? - I'm a dental assistant.
Did you have a trial in the family court?
Not yet, we're still awaiting adjudication.
- [Judy] Of full custody. - Yes.
But the child is with you under the auspices of Child Protective Services.
Yes, her trial is the 13th of February.
- [Judy] For the neglect case. - Yes.
Is that correct? You have a lawyer there.
- [Eve] Yes, I do. - [Judy] Okay, good.
Your case against the respondent for the damage to the car
three years ago is dismissed.
Likewise is your action against her for attorney's fees, the custody.
Are you appearing in that custody case?
I'm almost complete with my case plan.
I will be there for that, yes, ma'am.
Good. So I suggest we not say anything nasty about each other,
because there is always that strong probability
that you're gonna have to co- parent this child.
- It's never been a problem in the past. - Good, very good.
- Case is dismissed. We're done. - Thank you.
[bailif] This court is adjourned.
I don't wanna be a part of his life.
I want him to have a part of his child's life,
as I always have and have always done my best to make sure that he has.
I've, honestly, I couldn't tell you. I couldn't tell you,
I just think she was just... maybe she was just
trying to get back at me. Maybe, maybe not.
Unfortunately, you know, circumstances arose that
I wasn't expecting.
I feel like sometimes, he was, my... our son
was used in a way to hurt me.
Things happened with the sale of the house and the closing of the house,
um, deals were dropped,
um, we were just trying to get it, we were just trying to get rid of it
and it took longer than expected.
It's hard to see the fighting and the, you know, just the separation of a family.
I was just worried, you know, I was in mom mode,
and I was... I was worried.
Because I know what he's capable of,
I've been exposed to him while he was using,
while he was exhibiting behaviors,
that would be damaging and traumatizing to Eden.
It's my past. I mean, it's true, I'm not the same person.
I just wanna be the best parent I can be.
I hope we can parent our son together.
[Judy] You know, Sarah, there were lots of tentacles in that case.
- There were. - [Judy] Yeah.
But if you tried to take all those tentacles
that we really don't have jurisdiction over,
- I think that they said that custody... - Ongoing.
- ...is ongoing. - Mm-hmm.
If you remove all those tentacles,
there was an accident three years ago,
and despite the fact that she really knew where he was,
where he could be served, because she regularly
brought the child over to him,
and he said that for a good part of that time shared 50/50 custody.
She was perfectly comfortable
with Eden staying with his paternal grandmother.
- Case was really about this car. - Yeah.
And he had an accident, three years ago,
they lived together, they slept together, they shared a child together,
and now that he notified Child Protective Services
of what he saw when he brought the child home,
and she physically lost custody after an investigation,
that's the motivation for filing this now.
She waited too long. He had her permission, drove the car.
As far as I'm concerned, the only person
that I ever feel sorry for in these things...
- Is the kid. - [Judy] ...is the kid.
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