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Main Forums => Custody Issues => Topic started by: Stepmom0418 on Jan 24, 2005, 05:16:03 PM

Title: Can anyone with experience please advise
Post by: Stepmom0418 on Jan 24, 2005, 05:16:03 PM
BM and her attorney were to turn over the answers to our Interrog's and a production of documents as well, by Tuesday Jan 17th. Well we still have nothing. Dh attorney said that he talked to BM's attorney and he was uuummmm well not very nice and tried to be intimadating (sp?) DH attorney thought it was funny that BM's attorney acted the way he did but also said that everything he has been doing is very unethical as well.

Question:

Has anyone ever been through a motion to compel? (This is DH attorney next step) DH attorney said that BM and her attorney could face contempt due to not turning over the discovery! What are the consiquences of a contempt like this?


Also DH has been talking to SS teacher through email and every since DH attorney spoke to her she has quit answering emails. Is this normal? DH attorney said the teacher answered a ton of questions for him and said that she is new to all of this and didnt know if she had to be supenea or if she can just testify. She said she would talk to her supervisor and she would get back to DH attorney in the next few days. DH attorney is going to try and call her in the morning to see if she will testify or if we need to send out supenea. DH attorney thinks that maybe she was advised not to answer DH emails untill court was over. Ever heard of this??

Is it normal for a teacher to stop answering emails in a situation like this? Do most teacher just testify willingly or do you need to send a supenea?

Thanks for all your help and advise in advance!
Title: RE: Can anyone with experience please advise
Post by: ocean on Jan 24, 2005, 05:59:17 PM
Hi,
I know that you would probably have to supenea the teacher in order for the school to "let" her out for the day. It sounds like she talked to her district people who told her since this is an on-going case right now, to stay out of it as much as possible. That is what we are told to do. The teacher can not diagnose any child but she could just tell some facts. Can you ask your attorney to tell her to bring her attendance, homework, acedemic records with her? Otherwise, she can say I do not have that info in fromt of me. Good luck!  
Title: RE: Can anyone with experience please advise
Post by: Stepmom0418 on Jan 24, 2005, 07:06:49 PM
Thank you! We just want the teacher to testify to the facts.......
SS doesnt do homework and doesn't read his book that is homework.
SS's attendance or lack there of and how it affects him accidemically when he misses so much school.

Things like that is what we would like her to testify to.


I will ask DH attorney to make sure when she is supenea to court to have her bring the homework, and all records with her so that we have them to show in court as well. (I hadn't thought of that Thanks for the advise!)
Title: Almost had to file a Motion to Compel
Post by: cathy on Jan 24, 2005, 08:08:38 PM
We had submitted interrogatories and had not received a response.  Our attorney was discussing with us motion to compel.  One thing she did say - typically the courts will order the offending party to pay legal/attorny fees associated with the motion to compel.
Title: Update
Post by: Stepmom0418 on Jan 25, 2005, 01:09:49 PM
Recieved an email from SS's teacher. Here is the email with names edited.

T,
Hi, I wish I had better news for you, but I don’t.  SON was gone two days last week and he hasn’t been here yet this week.  He is behind quite a bit in his work.   He has gotten quite a bit of his work caught up but he still has quite a bit to finish and now he is going to have more.  He hasn’t brought back his reading envelope since we cam back from Christmas break and then he was starting not to bring it back.  The office said they haven’t heard anything to say why SON was gone.  I think he is up to 13 days now.  Last week I think it was eleven.  I checked and it is 13.  He missed 11 days last quarter.  Our new quarter started Monday so he has missed two days this quarter.  Report card will probably be sent out tomorrow or Thursday so you should get your at least by Monday I would think.

TEACHER
2nd grade

As a side not SS was here for the weekend and was fine. No sign of illness or anything.

Also DH attorney called and said that he spoke to the teacher again and as we expected she said she really doesnt want to testify BUT if she is supenaed she understands that she must come and testify and tell the truth. He told her in so many words that she might as well plan on being called to testify. DH attorney told me that he will have her supenead to trial and will in the supenea we will have her bring all school records relevent to SS's education. (attendance records, accidemic records, any trouble ss has been in, grades and ect.)

Still nothing on the Interroggs from BM and her attorney.
Title: RE: Update
Post by: sld02 on Jan 26, 2005, 08:52:35 AM
Be careful not to use the teacher too much!  Even though you are obviously in the right, school administrators put a great deal of pressure on teachers to stay nuetral.  Sometimes the teacher gets burned out and retreats.

Can you get her testimony via affidavit?  Can she fill out an acedemic/mental profile on your child?  If you can offer her these things- she may really sock it to your ex.  Especially if this can be used in lieu of her having to go to court.  Ask your attorney.  All that would need to be stated is that pulling the teacher out of school was not necessary.  You have already obtained the written documents, and signed affidavit by the teacher!
Title: RE: Can anyone with experience please advise
Post by: T0052SC on Jan 26, 2005, 02:51:47 PM
I have gone through two motions to compel.  The attorney files the motion with the court to basicly force the other side into answering.  In both of my motions to compel my attorney asked for attorney fees that had built up trying to get the answers to the interogatories along with any additional attorney fees if further action was needed.  I was granted both motions.  

I didn't need to go to court for either motion or even pay my attorney.  He filed the motion, supplied the evidence, and when it was granted the STBX had to pay my attorney.  It took two motions to compel to finally get the STBX and her attorney to answer the interogatories.