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Messages - Windd

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41
Dear Socrateaser / RE: Expert Witness
« on: May 24, 2004, 06:21:34 PM »
Custody Evaluation performed did not favor custodial parent as parent was found to overwelmingly blame other parent without seeing their role in the mess. Parental alienation was happening, kids were isolated and allegedly being home-schooled, custodial parent works nights, custodial parent moved to different residence about once a year (4-5). Kids were scripted to say things about NCP which they could not support with facts during interviews. Evaluation backed up by evidence i.e police reports, answering machine messages, Drs notes

Motion to temporarily change residence denied; espesciallyif a second eval granted. Judge said no but second evalaution could proceed. Kids would need to be placed in school. Another change occurs in CP residence. Still works nights. Gaps in education noted. Kids will need to attend summer school.


1)If client has joint custody and it's not working,would you ever recommend settling for 50/50 shared custody? On what grounds would you recommend 50/50 shared custody?



2)In regard to above, it better to attempt 50/50 shared custody rather
than trial; especially after initial evaluation done several months ago and other side has been stalling in regards to getting second evaluation?





42
Dear Socrateaser / Expert Witness
« on: May 21, 2004, 03:26:14 PM »
What type of fees can one expect if a custody evaluator has to provide testimony at trial??


If client has joint custody and it's not working,would you ever recommend settling for shared custody? On what grounds would you recommend shared custody?


In regard to above, it better to attempt shared custody rather than trial especially after initial evaluation done several months ago and other side has been stalling in regards to getting second evaluation?

43
Dear Socrateaser / RE: Second Evaluations
« on: Mar 20, 2004, 02:06:37 PM »
The judge asked for the initial eval so it could help him make his decision, however he really did not make one other than to grant request for a second.  The kids attorney and father's attorney knew mom's attorney was evaluator shopping. The evaluator chosen, and documented in court,  to do the second eval was  to "expensive" in the mom and her attorney's wods. Now they say they have found someone else.

If the judge wants to throw in the outbox then what could be his rationale for allowing the continued delay by someone crying foul and then asking for another evaluation without the intent on ever having it done?

It is not a mockery of the court system for the judge to let this go on and waste time and money?



44
Dear Socrateaser / Second Evaluations
« on: Mar 20, 2004, 12:59:36 PM »
Custody evaluation(recommended and chosen by kids appointed attorney) completed several months ago which did not favor the mom. Mom and her attorney said evaluator lying, misquoted mother etc... Father's attorney provided response to courts with supporting documentation of reports, answering machine messages, etc....
Judge then gave okay for another evaluation to mom and her attorney. Kids attorney and father's attorney recommended kids be moved until 2nd  eval completed but judge did not agree. Two weeks later mom is moving within two miles of father and placing kids in school.

1)Has/can an evaluation ever be overturned just by "saying" we are/have  corrected the items the evaluator listed in the original report?

2)Is it appropriate and legally strategy to request second evaluation with intent on never having it do,ne but manuvering to correct deficiencies in initial report? Then coming to the courts and saying there are no problems anymore.

3) Will judge look kindly on request for another evaluation, having given his approval, and then it not be done?

It is obvious, at least to me, that the judge is giving mother every opportunity and more to correct mistakes and get it toghether. Mother is not on drugs or drinks but controlling as heck and extreme PAS.

4)Is there ever an appropriate way to handle a biased judge
From cases I have seen before he has been hard on but easy and forgivng on women.

45
Dear Socrateaser / RE: Second Evaluations
« on: Mar 20, 2004, 02:06:37 PM »
The judge asked for the initial eval so it could help him make his decision, however he really did not make one other than to grant request for a second.  The kids attorney and father's attorney knew mom's attorney was evaluator shopping. The evaluator chosen, and documented in court,  to do the second eval was  to "expensive" in the mom and her attorney's wods. Now they say they have found someone else.

If the judge wants to throw in the outbox then what could be his rationale for allowing the continued delay by someone crying foul and then asking for another evaluation without the intent on ever having it done?

It is not a mockery of the court system for the judge to let this go on and waste time and money?



46
Dear Socrateaser / Second Evaluations
« on: Mar 20, 2004, 12:59:36 PM »
Custody evaluation(recommended and chosen by kids appointed attorney) completed several months ago which did not favor the mom. Mom and her attorney said evaluator lying, misquoted mother etc... Father's attorney provided response to courts with supporting documentation of reports, answering machine messages, etc....
Judge then gave okay for another evaluation to mom and her attorney. Kids attorney and father's attorney recommended kids be moved until 2nd  eval completed but judge did not agree. Two weeks later mom is moving within two miles of father and placing kids in school.

1)Has/can an evaluation ever be overturned just by "saying" we are/have  corrected the items the evaluator listed in the original report?

2)Is it appropriate and legally strategy to request second evaluation with intent on never having it do,ne but manuvering to correct deficiencies in initial report? Then coming to the courts and saying there are no problems anymore.

3) Will judge look kindly on request for another evaluation, having given his approval, and then it not be done?

It is obvious, at least to me, that the judge is giving mother every opportunity and more to correct mistakes and get it toghether. Mother is not on drugs or drinks but controlling as heck and extreme PAS.

4)Is there ever an appropriate way to handle a biased judge
From cases I have seen before he has been hard on but easy and forgivng on women.

47
Dear Socrateaser / Post Evaluation
« on: Feb 27, 2004, 11:54:00 AM »
We are two months post evaluation in which evaluator recommended change in custody. Ex and her attorney claim evaluator lied, misquoted and misunderstood her.
How can a documented liar now claim evaluator was not telling the truth?

Kids mom has committed fraud and I have messages she has left on answering machine as well as kids messages indicating mother said they could not go with me.
Of course they want another eval done. While she has residential custody currently there is no hurry. I feel the very biased attitude from the judge in giving her every opportunity to succeed and correct her mistakes.  This whole best interest of the kids in my opinion is a way of saying the system does what it wants. It's very frustrating to win but then have evrything up in the air again.

48
Dear Socrateaser / RE: Questions/Comments In front of the Bench
« on: Jan 08, 2004, 04:26:17 PM »
Thank you Socrateaser

This process has been going on for a while. I explained to my attorney my anxiousness now that the 604b came out in my favor. Kid's mom representative of course says he needed time to review report and he was just retained in October/November 03; although court order entered 6/03 ordered mom provide info and/or get an attorney. It's not over till the fat lady sings though and her performance just keeps getting pushed back.


SPARC has been extremely helpful to me.

49
Dear Socrateaser / Questions/Comments In front of the Bench
« on: Jan 07, 2004, 04:28:56 PM »
Is is ever appropriate to comment while stading in fron of the bench with your attorney in front of the judge?

At last hearing I thought more should have been said about 604B and dragging out of process. Would it have been appropraite for me to lay out my concerns when the judge asked if there was anything else?

50
Dear Socrateaser / RE: Evaluations
« on: Dec 03, 2003, 09:50:26 AM »
I do not want another evaluation. I have not seen the report yet, however per my attorney the evaluator recommended a change in custody and that  I, the father, have custody of the kids. The report is pretty thorough, 34pages. The evaluator is a former public guardian for children (20yrs).The kids attorney has indicated he is pleased, however the STBX's representative, who recently came into the picture has indicated he will seek another evaluation if it is not favorable to his client. As the mother currently has custody the seeking of another evaluation is his way of letting her retain custody because then she can seek evaluation at her own pace.

Thank you for your comments.

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