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Good luck with your court case. If your ex exhibits the kind of judgement that she did with the movie theater in all situations, then her custody bid should go nowhere.
My perspective is a little different because my oldest (of 3) is only 4 1/2. I can tell you that there is no way on earth that I would laeve him in a public place (like a movie theater) merely under the "supervision" of a 12 year-old. Never. To me that child endangerment.
Having a 12 year-old neighbor sit in my house, while my kids were asleep, and the sitter's parents were at home "just in case" might be acceptable to me for a few hours, but as a rule, we look for sitters who are at least 17.
You tried to talk with your ex about the situation, but it looks like the court will have to be the final decision maker. Definitely bring this up in the hearing...
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