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Author Topic: Dismissal based on Lack of Jurisdiction  (Read 13270 times)

MixedBag

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Re: Dismissal based on Lack of Jurisdiction
« Reply #20 on: Aug 19, 2009, 06:41:20 AM »
yes, thanks for coming back and adding and stuff.
 
And PLEASE come back and share your experience and the outcome of all of this.
 
 


NYParent

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Re: Dismissal based on Lack of Jurisdiction
« Reply #21 on: Aug 19, 2009, 07:43:04 AM »
I will certainly keep everyone updated.  If anyone can think of any other suggestions, I would love to hear them.  I feel like you can never be too prepared when going to court (especially when dealing with another parent who is constantly lying).

Thanks a million.

NYParent

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Re: Dismissal based on Lack of Jurisdiction
« Reply #22 on: Aug 19, 2009, 07:54:44 AM »
I did want to know, what sort of system do you guys use to track your parenting time.  I want something that will be easy to show in court.  Right now I am using a simple calendar, but I guess I wanted to have something that will help me clearly demonstrate to the judge that there's been a decline and that I am not getting enough parenting time.

Kitty C.

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Re: Dismissal based on Lack of Jurisdiction
« Reply #23 on: Aug 19, 2009, 09:19:02 AM »
Right here above this post is a tool bar for Optimal, a time tracking system that can be used specifically for custody issues.  I believe there is a fee for that service.  There is also parentingtime.net.  I believe both programs have an application that you can print off to take to court that is easy to interpret and I've heard that it is accepted favorably.  I have not personally had to use it, but I have heard of others who have.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

NYParent

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Re: Dismissal based on Lack of Jurisdiction
« Reply #24 on: Aug 19, 2009, 06:39:10 PM »
Another questions, when documenting infringements on the custody order in part of my ex, is there any better way to do it than simply documenting every detail?  Meaning is there a way to officially document with the court without filing contempt?


MixedBag

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Re: Dismissal based on Lack of Jurisdiction
« Reply #25 on: Aug 20, 2009, 06:19:54 AM »
let me try to answer.

I have about 5 or 6 boxes of documentation in my attic.

99% of it is from "independent sources" meaning "I" didn't write it, but it has been gathered from other places.

For example of what NOT do to.....but IMHO it's rather a lame attempt.

When there's an exchange that is supposed to take place, and one party wants to prove they were there ON TIME, go to the nearest convenience store and buy a pack of gum at the closest time that you can to the exchange time.  Don't drive 1/2 hour away and THEN buy a pack of gum because that only proves you were on the road -- and not necessarily AT the exchange place.

Having the right documentation to support your claim that the EX violated the order really depends on what you're trying to prove.  Do your best to keep it organized so that when it does come time to find it again, you can.  There are days where I know I got a piece of paper to prove my claim and then bingo -- can't find it -- but boingo, it materializes about an hour later.

There are many subjects where an EX usually violates an order and personally, I filter the violations through three thoughts:

1.  Does it meet the criteria that Socrateaser put out there years ago -- (go search on that section for "three elements of contempt and READ that stuff)?  Because if it doesn't, I'm not gonna prevail in court.

2.  Is there ANOTHER way to fix whatever the other parent did?  (like contacting the doctor, school, banking commission, other regulating agency)

3.  Did he mess with our son's time with me? -- and every time he did (or EX#3's EX did with his kids), I filed for make-up time.
 
BTW -- NYP -- just so you know -- my EX#2 READS, PRINTS, and FILES whatever I say on these boards -- there go some more trees!

 

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