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Author Topic: Question about responding to show causes in VA  (Read 1158 times)

durandal

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Question about responding to show causes in VA
« on: Oct 23, 2007, 02:15:51 PM »
Both myself, our daughter and the BM reside in Virginia.

We are due to go back to court in early November for a six-month 'evaluation' of our case. So far it has been a rocky six-months, but I have done everything in my power to comply with the court's orders, to provide for our daughter and to try and keep the BM actively involved in her daughter's life as well. It hasn't been easy, mostly because the BM has fought me tooth and nail on everything.

I was recently served with multiple OSC (show cause) motions by the BM for what she alleges are issues of non-compliance with out court order. She had these served at my place of employment (of course, this went over just lovely!) since its where I am most of the business day.

I'm not concerned at all about the allegations, since there are several very credible witnesses, who will be in court to testify about the BM's behavior w/regards to court order that she claims I have totally disregarded. Her claims are unfounded, and I'm sure it will bear out in court.

My question has to do with writing an answer for each of these, which I plan to do. Generally speaking, do I have to provide the BM with a copy of my answer, or just the court? Our court date is in two weeks, so I plan to get this on the record ASAP.

Then again, as I stated before, the BM has totally shot her credibility, and as such it should be quite evident for all to see that she is vindictive and mean-spirited. In light of this, I'm wondering if I should even bother filing responses with the court.

If anyone has any advice on how I should proceed, please let me know, and thanks in advance!

P.S. - sparrowmom please don't post my threads!

durandal


mistoffolees

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RE: Question about responding to show causes in VA
« Reply #1 on: Oct 24, 2007, 04:35:55 AM »
I would suggest contacting an attorney for at least a brief meeting to discuss those issues.

In general, my understanding is that you have to provide the court with your information, but not the other party (in fact, IMHO, that would be a bad idea). The other party will get it from the court, but not early enough to build a case around it.

You HAVE to file responses with the court if the court asked for them. Ignoring the court's orders is a very bad idea. If, OTOH, they're simply motions for you to show cause and the court has not affirmed them, then you probably don't have to respond - but be prepared to do so at the hearing.

Again, this is a very complex issue and getting advice here is risky - because none of us here (AFAIK) are attorneys and we're not familiar with your local practice. We're also relying on the information you provide - and it's almost never complete in this forum. Do yourself a favor and take all the papers to a good attorney.

 

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