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Messages - Windd

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Dear Socrateaser / RE: Documenting
« on: Jan 30, 2007, 09:33:23 AM »
I can imagine that child is coached/influenced to say this and other things.  Child was unruly this morning. Sent to school. Child called other parent from school. Othr parent instructed him to leave school come to their house. They talked some more, went out to breakfast to talk some more. Went to the police station so “child -12yrs” could file report. It was written off as a disciplinary issue by the police.  Other parent took son back to school. After school took son to physician, where document was made and filed.

This is not the fist time the physician has assisted the other parent. The physician in the past has provided notes that child could not be out in the cold due to recurrent respiratory condition; although lungs were consistently clear and she had not seen son in a year before other parent called in to request this note. All this is in medical documents.

Dear Socrateaser / RE: Documenting
« on: Jan 29, 2007, 02:34:39 PM »
Soc I have a question on the abuse thing when one professional's opinion is in conflict with another.

Medical doctor calls in report to child services. Child says parent did something although no evidence, marks, bruises, cuts. Dr and NCP have a cozy relationship. Child services does their investigation and says findings are unfounded. One other parent wants to use doctors report while the othere will use correspondence from child services.

How would you play your cards if you were representing the parent who will have the child services correspondence?

Dear Socrateaser / RE: Question Regarding Contempt
« on: Jan 09, 2007, 11:30:17 AM »
>What affect does multiple charges of contempt have on any
>future custody proceedings?
  (Fact Pattern requested provided)

Dear Socrateaser / RE: How to respond to -- UPDATED RESPONSE...
« on: Jan 09, 2007, 11:23:10 AM »
Strongly suggested??? Soc I did not mean for your wife/girlfriend to debate with you on the sensitive topic, hahaha.

At any rate I agree with the taboo and other perceptions. This just appears to be part of an on going power struggle. If the mom and I were on good terms it would really be a non-issue and perhaps will be anyway.

The child has her mother, grandmothers and aunts. I think it’s weird to say the child needs only her mom at this time, especially since the mom is not the primary parent anymore. It really is self-serving because the daughter needs to be taught how to take care of these issues and moved towards independence, not taught to regress to infant/dependent stage.

There have been long running issues regarding the manipulation of the daughter’s feeling towards the father and comments to the child i.e. mommy is good daddy is evil, mother knows best –your father is an idiot, you do not have to do what the father says he is just trying to control you; your father is trying to take you away from you mother, teachers are strangers and many others negative comments

The mom got ripped by the “female” trial judge because of photos of hygiene issues regarding child. There is a documented history of the child not being taught how to clean herself.

Of course the concern is any temporary situation then being turned into status quo. The daughter does spend a considerable amount of time with mother currently, much more then the normal every other weekend

It also will get into other issues if daughter is i.e vacationing does that mean she cannot travel, does she not attend school, does she not perform chores, etc…

   Soc, Can photos or additional photos be used to show history and refute any
            Motion for increased segments of time?   In this county the post degree issues are handled by a separate group of judges than the trial judges.

Dear Socrateaser / How to respond to "Odd" request
« on: Jan 08, 2007, 02:55:34 PM »
Okay Soc. the NCP is claiming to file request for additonal segments of time based on child gettin ready to start menstrual cycle and therfore "needing" more time with mom.

1) Is this an odd request?

2) How do I refute/respond tosomething like this in a legally nice way?

Dear Socrateaser / RE: Question Regarding Contempt
« on: Jan 08, 2007, 02:45:15 PM »
Fact pattern:
        Continually not returning child on time
        Not paying Child Support
        Not paying their share of other expenses; i.e. mandatory school fees, after school care.
        Not having any life insurance
        Not taking child to school on thier day
        Not taking child to court ordered therapist
        Calling consistently at 6:45am, 7am 8am when order states no
calls befor 9am

Dear Socrateaser / Question Regarding Contempt
« on: Jan 06, 2007, 11:53:59 AM »
Does a charge of contempt stay on the record?

What affect does multiple charges of contempt have on any future custody proceedings?

When contempt charges are pending a “purge” what does that mean?

When person does not perform what is required to “purge” the contempt; what happens?

Dear Socrateaser / Counsel No- Show??
« on: Dec 22, 2006, 10:56:21 AM »
Soc , had a status/hearing 12/19. I stayed for 45 minutes past the time scheduled. The other parent left maybe 1/2 hr after schedule time. I called counsels office when I got to work and was advised counsel left for court that morning and may have been tied up with another case.

It has been three days and I have not heard anything.  I realize it's the holiday period so nothing more than likely is/will be done.

1)Is it unusual for an attorney to miss a status/hearing and not follow-up with client?

2)What happens to the case on the docket at the end of the day?

Other parent held to 9 counts of contempt. Owes a couple thousand in back support ( still increasing) and 3-4 thousand in other related fees. Given 60 days to star complying with order.

Both parents ordered to go to focus on children within 6-months of the entry of the judges order. Just found out (1.5yrs later) NCP never attended.

3. Can other parent not attending ordered focus on children now be brought up as a contempt? How would it be added?

Dear Socrateaser / School
« on: Nov 01, 2006, 01:04:04 PM »
Child ordered to be in school by the courts.  Custody change ordered several months later although joint custody still left in place.

NCP has had issues with getting child to school on the one day they are obligated to get child there. There have been and continue to be other concerns of NCP taking child out of school on days because they feel like it.

CP contacted school regarding this issue and the school principle has stated that NCP has rights and if there is nothing in the order that specifically states “NCP cannot take child out of school” then they will release the child to the NCP. They do not want to get caught up in the middle

My response has been there is also nothing that states the “NCP  can remove the child from school at anytime either”.

The orders do state “The children must attend school each day school is in session except in the case of illness”.

Am I being overly concerned? I also have issues with  me getting child to school and finding out later child is not there, has been taken out. I would have some serious legal concerns against the school district if released to NCP and something happened.

Soc, would a letter to the principal and superintendent be appropriate?

“Basically stating “Even in a Joint Custody arrangement, most states require one parent or the other to be designated as the "Custodial" parent (sometimes also called the "Primary Residential Parent"). The courts presumption is (and always has been) that the child's best interests are dictated by the Primary parent”.

Can you review a draft of a letter?

Dear Socrateaser / Meaning of order
« on: Oct 06, 2006, 09:49:25 AM »
12 count Contempt filed against NCP in early June;  30 days given to respond and retain council. Status set for mid July.

Mid July NCP claims to have lost their job. NCP found in default for want of answer. An order of default entered instanter entered.  NCP ordered to appear at next hearing or body attachment will be entered.

What does  “order of default entered instanter” mean in laymans terms?

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