Mosley custody battle set for high court

Thursday, June 12, 2003 | 11:23 a.m.

CARSON CITY -- Terry Mosley has asked the Nevada Supreme Court for an emergency writ to stop District Court proceedings in her custody battle with District Judge Donald Mosley over their 11-year-old son.

Terry Mosley, through her lawyer Andrew Myers, accuses District Judge Robert Estes of "overt judicial misconduct" and complains that a gag order issued by Estes prevents her from speaking publicly about the case.

Estes and Donald Mosley will now have a chance to answer the petition for a writ of prohibition. Neither was available for comment this morning.

The petition, filed June 5, charges that the son is being "improperly medicated with a controlled substance" with Estes' approval. Terry Mosley says the boy is the "subject of psychological punishment" for telling his mother what is going on in his father's home.

Terry Mosley alleges that the boy has told Estes he wants to live with his mother "despite long years of hard-core alienation by his father."

It's been about five years since Donald Mosley was awarded custody of the boy, and the mother has been waging a long battle to change the order. The petition asks the court to stop Estes from issuing any more orders until the Supreme Court can consider the case.

She requests the Supreme Court give her "sole legal and physical custody" of the boy and permit her to register him at the Bob Miller Middle School. She also wants to be given the responsibility over medications given to her son.

The 45-page petition says Estes as failed to act on cases in which Donald Mosley lied. She said that Donald Mosley, under oath, said that a Dr. Clark was the child's physician. But Clark later testified he had not seen the boy in a year.

Terry Mosley said Donald Mosley then said a Dr. Hogan was the physician. She said he lied with the intent of preventing her from learning the boy was being given illegal medication, which was not identified. She said both she and Donald Mosley were told to undergo parental classes. Terry Mosley said she complied but that Donald Mosley ignored the order and then submitted an old certificate that was irrelevant to the order of Estes.