Advice needed pls on court case

[Heston]

Thanks, that is very helpful information.  I will raise this issue and see if something can be written into a new motion.

[Heston]

The new counseler recently concluded matters because I was prevented from taking my child there by the BM making sure she refused parental exchanges on the days apts were made.  I did email the counseler about this recent incident and will see if I can see her again.  She has only seen my child a couple of times, so won't be able to say a lot.  I will find out too what counselers can say in court.  I know the old counseler is so biased she will be damaging if allowed a witness.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
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This most recent motion filed this week, is based on something alleged to have happened a week or so ago.  I’ve drafted a motion in response but am not sure what to call the motion.  Have been looking online for advice but no luck so far.  I did wonder if it should be a Motion to Dismiss but I think that relates to motions that are filed incorrectly.  I’m not sure whether to call my response, a Counter Motion.  The claim is outrageous.  I’m reluctant to post what the claim is, incase of “prying eyes”, but it is hideous.  And the BM is asking that my visitation be changed to supervised, on the basis of her claim.  I have such compelling evidence on contempt that the BM came up with something like this to detract from her wrongdoings.  This is always her MO.  I’m trying to do as much work on this as possible myself, draft and file motions, gather evidence, etc., but because of the nature of this latest development I may have to get a lawyer to represent me at the hearing.  For now though, I have to do all the work myself.  If I can overturn the BMs hideous claim, I can then file motions, like you suggest, preventing her from harrassment.  Like your ex, the BM grills the child when she gets home and distorts things and videos everything.  No doubt there is a video of the child stating the BMs version of events to be used as “evidence”.  It is truly sick.  But typical of the BM.  The CO already forbids phone calls except for emergencies and states all contact must be made by email.  I don’t call my child because it upsets her.  She is surrounded by people alienating her and recording conversations and I don’t want to upset her, so I don’t call her.  I will consider a restraining order.  I will wait until I have an attorney to see if it’s appropriate to file one.<o:p></o:p>

[Davy]

Consider a motion to SQUASH.  One of my attorneys filed such a motion and was first filed by  attorney Abe Lincoln asking the court to stop the obnoxious noise of rooting pigs under the court house.  In your case, it appears the rooting pigs are in the court room.
 
When filing pro se' one is expected to maintain court room decorum AND, according to US Supreme Court rulings,  to be shown leniency since thry are not licensed a$$holes.  Otherwise, you may find yourself and child better served by hiring a rule-of-law type attorney (vs "custody" atty) from outside the local yocal court jurisdiction to hold the opposing judge/attorneys accountable. Worked for my kids.
 
Best to ya.

[Heston]

Consider a motion to SQUASH.  One of my attorneys filed such a motion and was first filed by  attorney Abe Lincoln asking the court to stop the obnoxious noise of rooting pigs under the court house.  In your case, it appears the rooting pigs are in the court room.

When filing pro se' one is expected to maintain court room decorum AND, according to US Supreme Court rulings,  to be shown leniency since thry are not licensed a$$holes.  Otherwise, you may find yourself and child better served by hiring a rule-of-law type attorney (vs "custody" atty) from outside the local yocal court jurisdiction to hold the opposing judge/attorneys accountable. Worked for my kids.

Best to ya.

 
Thanks Davy, I will definitely check into the motion to squash.  Before the BM launched this nasty and unfounded claim/motion I was going to represent myself as I had enough evidence to get the CO upheld and not changed.  But now, it looks like I will need to get a lawyer for the actual hearing and I will do all the groundwork to keep costs as low as possible.   All I want is to see my daughter and do the best I can for her.  The BM is about control and she will do anything to keep control no matter how harmful to the child.  The BM and her cronies are certainly rooting pigs!

[Heston]

Well, today I filed the counter motion to the latest motion from the BM.  I've received a Request to Provide from the BMs attorney and I submitted my request today.  This means he gets to see my evidence and witness list a few days before I see the BMs.  If there is something in their evidence that I need to respond to, and I didn't include it in the copy of the evidence I provide, does this mean I can't introduce anything further? 

[gemini3]

I'm not sure.  I would try to get some advice from an attorney in your area.
 
Has there been a GAL assigned in the case?  Or ever?

[Heston]

Yes, I will try and find out for sure.  Certainly don't want to give the other side more information than I have to.  No, a GAL has never been appointed to this case.

[Heston]

Would really appreciate some opinions on this.  The BM is now denying my parental time with my daughter by claiming she is vomiting and has stomach pains.  This is a variation of the occasion about a month ago when she took a bag of vomit to a police offer stating my child was sick because she did not want to see me.  They have now got my daughter trained (brainwashed) into lying to drs, counselors and police at the tender age of 9.  Their MO is clear.  They tell the counselor via my daughter that I am mean and hit her.  They tell police officers the same and say she is sick.  They now take her to MDs with the same story.  They create "evidence", that would normally be seen as indisputable.  I am wondering if there is any way out of this.  They are intent on removing me by any means by telling whatever lies they want to the appropriate people.  My daughter is too terrified not to lie because she thinks her mom will get in trouble and go to jail if she doesn't do as she is told.  She loves the mom who is selling her down the river and will do anything to "protect" her.  My daughter is contantly worried that something will happen to her mom while she is away from her.

The BM obviously thinks if she convinces the judge with her "evidence" that my daughter is ill at the thought of seeing me, the judge will stop her seeing me.  She will have compelling evidence even though it is all lies.

There are 3 scenarios re sickness.  Either my daughter isn't sick and its a lie.  Or they have given her something to eat which made her sick  (not unheard of as they've given her laxatives just before visits to me so she spent the entire weekend in the bathroom).  Or my daughter is sick.  Whatever the scenario I cannot prove it one way or another.  In court, going on the basis that my daughter is sick, I can point out that with the degree of alienation going on before visits and during transportation, it is little wonder if she gets sick with nerves.  Her stepfather yelled hateful remarks about me during the journey when he brought her recently and my daughter was really upset when she arrived.  The grandma does the same.  The BM tells her "I hate him and am only taking you there because if I don't, he will make sure I go to jail".  I have tape recordings of my daughter telling me this but I doubt it will be accepted as evidence.  The BM has the "evidence" and I have none, basically, to show what they are doing.

Much as I know I need an attorney due to the serious nature of the problems and much as I want to get one, I am unable to and have to represent myself pro se.

[ocean]

This weekend was denied?
Always get a police report, this will prove you were there and mother refused to allow child to leave. Get police officer name...
Get a certified copy of the report, usually within a few days you can get one for the court as evidence.

If she has lawyer, call and ask why you were denied and when you can expect make-up time, calmly... may not do anything but the lawyer will be charging her to talk to you and respond to it all.

[Kitty C.]

'The BM has the "evidence" and I have none, basically, to show what they are doing.'
 
Look, Heston....you are letting your ex get to you as badly as she's getting to your DD.  Her 'evidence'?  What evidence??  If what she has is credible evidence, then the police and CPS would have been up your backside with a flashlight LONG before now.  NO ONE in authority finds her credible, which obviously means that neither is her so-called 'evidence'.
 
'Or they have given her something to eat which made her sick  (not unheard of as they've given her laxatives just before visits to me so she spent the entire weekend in the bathroom).'
 
Have you told ANYBODY about this??  Police?  CPS?  DD's doctor?  Even if you don't have proof, a medical doctor can have labs run to prove if there are laxatives in her system.  If she ever comes to your home like that again, and you suspect the ex has given her laxatives, IMMEDIATELY take her to an ER and have her evaluated.  You HAVE to get this documented, because if you are right, she should be charged with child abuse.  And the only way to make this happen is to have her evaluated by an objective medical professional.  That is probably the ONLY way you can try to get this stopped......