Cause No. 93-07281

In the Interest of Sterling Barstow Loza and Ian David Barstow

MOTION TO MODIFY IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

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NO. 93-07281

IN THE INTEREST OF

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IN THE DISTRICT COURT

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STERLING BARSTOW LOZA

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126

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JUDICIAL DISTRICT

AND IAN DAVID BARSTOW

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MINOR CHILDREN

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TRAVIS COUNTY, TEXAS

AFFIDAVIT

AND REASON FOR URGENCY

THE STATE OF TEXAS

COUNTY OF TRAVIS

BEFORE ME, the undersigned authority, on this day personally appeared Jan Barstow, who swore

or affirmed to tell the truth, and stated as follows:

“My name is Jan Barstow. I am of sound mind and capable of making this sworn statement. I have

personal knowledge of the facts written in this statement. I understand that if I lie in this statement

I may be held criminally responsible. This statement is true:

• Mr. Loza is facing a criminal family violence trial this month for assaulting me when I tried

to access my children during a scheduled period of possession (711485). During the assault,

he yelled, “I will do everything to keep you away from them for the rest of their lives!”

• Mr. Loza’s pattern of violence correlates with my scheduled access to the children and

includes direct physical assaults and threats as well as indirect fraudulent acts, false

allegations, and other forms of harassment. My parenting relationship appears to escalate

the violence, regardless of who is present, including at school and in public places.

• Mr. Loza's determination to keep the children away from me is desperate and irrational. He

has contemptuously withheld the boys from me several hundred days in the last five years.

• My son Sterling, age 13, calls me every night, pleading with me to file the Motion to Modify.

He has signed 3 legal papers requesting the change, and he has now told the school

counselor he quit doing school work to try to force the change. On 10/3/06 Sterling told me

that he will refuse to return to his father’s house from his Thursday evening visitation on

10/5/06. His brother Ian, age 11, has tried to kill himself twice from hardships in his home.

• The children tell me their father puts them down a lot and threatens to hit them so hard

they’ll never forget it, and that he jerks them around and shakes them up when they displease

him. He controls them through fear. They also tell me their father often puts me down,

saying, “I hate that woman” and that I would be better off dead and not in their lives.

• My very act of filing the Motion to Modify is what places the children and me in immediate

and inescapable danger. The children are afraid of being anywhere around their father when

he learns they have signed documents requesting to live with me. They are pleading to be

removed from his household prior to his finding out. I expect to prevail at the trial.