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Messages - Zephyr

#21
Dear Socrateaser / RE: Contempt of Court
Apr 11, 2007, 12:39:38 PM
I just sent you a private message
#22
Dear Socrateaser / RE: Contempt of Court
Apr 11, 2007, 12:26:04 PM
>?
>what is your goal when you state is it good or bad strategy
>wise to file a motion for contempt?


>
>are you seeking custody? if so how long has custody been
>settled?

well I certainly don't want to give the court and overall bad impression of me or my willingness to co-parent

- basically we are in court right now to determine a school district, and get a very clear parenting plan, I have not requested any change in actual physical or legal custody-

I do however want my ex to shape up and start acting in our daughters best interests, he basically acts as if I am not her parent and he rules the world- which usually I ignore- but now for her to be in counseling without my knowledge...



#23
Dear Socrateaser / Contempt of Court
Apr 11, 2007, 11:57:03 AM
What is the name of your state? WI



Present order 50/50 placement of child, no CP named, joint legal custody.

I filed for remedial contempt of court in October, the contempt was set aside, but my request for a more clear order was granted, and we were ordered to mediation. At that court date the judge ordered ex to inform me of any and all medical dental etc appointments that he sets for the child- this was written into the record.

I find out today that ex has taken child to medical dr once, dentist twice and a counselor 3 times since this was written into the record.

Our case is still pending, mediation did not work, we have been assigned and both met with GAL.

I would like to file contempt for the 6 appointments I was not informed about.

Questions:

1. It was written into the record, but because the case is still pending and there is no specific order, is it still contempt?

2. Strategy-wise is filing contempt at this juncture good or bad for my case?
#24
Dear Socrateaser / RE: Going to court
Jan 17, 2007, 11:07:18 AM
Thank you! at least one of them could be a clone for Jack in that movie....gives me some hope!
#25
Dear Socrateaser / RE: Going to court
Jan 17, 2007, 08:26:35 AM
Thanks Soc- I knew it would be a long shot, but I had to ask....

Additional question:

Would it be beneficial to my side to question the dad's during each respective case, regarding their involvement or intent to testify in the other case? would this cast enough doubt on their testimony or motivations that it would help?

or how would you approach this situation?
#26
Dear Socrateaser / Going to court
Jan 16, 2007, 09:28:49 AM
Hello again Socrateaser!

All parties  and order in WI.

Little background, I have two children from 2 fathers. I have started court motions recently regarding both children. The older child I am the NCM for and the younger I have a 50/50 split with dad- no cp designation.

The older child I have filed a motion for modification of physical custody with the request of a new parenting plan if the judge does not see fit to transfer custody. The younger child I have filed to have the school district determined and a parenting plan put in place, as there wasn't one previously.

The father of the younger child (and his family) were instrumental in the case transfer custody of my older child to dad.

As I am taking both fathers back to court, I have no reason to doubt they won't try to help each other again. Actually due to things I have heard, I have every reason to believe they will help each other and testify on each others behalf.

I have not been found unfit by any judge or court, the judge in my son's case actually said I provide the better environment but because my son had lived with dad for the duration of the court case under an ex parte order, that he didn't want to disrupt his life again now that he had adjusted.

Questions:

1. In Wisconsin do I have to make any type of formal request to open discovery?

2. What type of request do I make to find out who will be called as witnesses?

3. How do I best use interrogatories and/or depositions? Can I use both?

4. In my younger child's case, I believe the father will call the father of the older child as a witness in some capacity- however the father of the older child has never once seen me interact with the younger child at all- I believe any testimony from him will be of the character assassination variety. Is there a way I can prohibit him from tesifying?

5. Is it in my interests to make the court aware of this "teamwork" on the part of the fathers? How do the courts view this type of thing?

I guess that's all for now- although I'm sure to have more questions, I am so grateful you are here.
#27
Dear Socrateaser / RE: Double motion?
Dec 11, 2006, 10:51:52 AM
Will do! Thank you
#28
Dear Socrateaser / Double motion?
Dec 11, 2006, 07:08:04 AM
Hello Socrateaser-

All parties and order in WI.

In October I filed a motion for remedial contempt and clarification of the court order regarding my daughter.

We went to the first court date, the judge said he was going to set aside the contempt for now (I expected that would happen) but he did see the need for a new order. He then order us to mediation.

Today is our first session in mediation. Saturday I recieved in the mail a motion from my ex's attorney requesting a new court order, there was no proposed parenting plan attached to this motion as is required.

I am confused, questions...

1. Is this motion even valid since what they are requesting is what I requested and already filed on?

2. Since they did not include a parenting plan as is required, does that mean the judge can only really consider the one attached with my motion?

3. How should I respond to this motion, or should I at all?


As always, thank you for your time and expertise.

#29
Dear Socrateaser / RE: 2 Party State
Nov 17, 2006, 10:31:57 AM
just to clarify, because I think I may have worded the question wrong- would it be legal for HER to record the conversations between herself and her children...which would also have dad in the background...
#30
Dear Socrateaser / 2 Party State
Nov 17, 2006, 06:22:40 AM
Hello again Soc!

I am asking this question for a friend.

She lives in Michigan, which I believe is a 2 party state when it comes to recording phone calls.

She is a non-custodial mom and is thinking of going back to court.

A very big frustration for her is the fact that when she calls to talk with the children, dad makes them have the conversation on speaker phone with him in the room dictating what they are to say to her, or just interjecting himself with abusive comments to her directly- which the children of course hear.

This behavior of his is contrary to the part of their court order that states they are not to make disparaging remarks about each other in front of or around the children.


Because it is a phone call with her own children does she need two party notification?

Or do you have a suggestion on how she might gather evidence of this in order to present it to the judge?