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Author Topic: Questions for you Socrateaser  (Read 1332 times)

lissa68

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Questions for you Socrateaser
« on: Mar 23, 2004, 09:17:54 AM »

Melissa(lissa68)

Dear Soc,

Facts are:

This takes place in Iowa

I am pro-se, ex is represented by an attorney.

Petitioned court for modification of cusotdy and visitation.  Asking court to grant 50/50 custody based on denial of parenting time, not following the court order regarding joint legal issues, intereference of telephone contact with minor child, and various other aspects of the divorce decree, and other occurances.

Court has set a non jury trial for August of 04.  

Questions:

1.  May I still petition the court for a psychological examination of ex and child, and of course myself?

2.  May I still petition the court for mediation to be ordered?

3.  How can I go about offering up a settlement to the opposing counsel?

4.  In this settlement offer, does it have to be in proper format, as in proper court format?

5.  Can I give a time limit, say 10 days from reciept?

6.  Do I send a copy of this to the Courts?


Thank you very much....................Lissa68


lissa68

  • Guest
Questions for you Socrateaser
« Reply #1 on: Mar 23, 2004, 09:17:54 AM »

Melissa(lissa68)

Dear Soc,

Facts are:

This takes place in Iowa

I am pro-se, ex is represented by an attorney.

Petitioned court for modification of cusotdy and visitation.  Asking court to grant 50/50 custody based on denial of parenting time, not following the court order regarding joint legal issues, intereference of telephone contact with minor child, and various other aspects of the divorce decree, and other occurances.

Court has set a non jury trial for August of 04.  

Questions:

1.  May I still petition the court for a psychological examination of ex and child, and of course myself?

2.  May I still petition the court for mediation to be ordered?

3.  How can I go about offering up a settlement to the opposing counsel?

4.  In this settlement offer, does it have to be in proper format, as in proper court format?

5.  Can I give a time limit, say 10 days from reciept?

6.  Do I send a copy of this to the Courts?


Thank you very much....................Lissa68

socrateaser

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RE: Questions for you Socrateaser
« Reply #2 on: Mar 24, 2004, 05:34:48 PM »
>Questions:
>
>1.  May I still petition the court for a psychological
>examination of ex and child, and of course myself?

First, you're not "petitioning." A petition is the document that begins an action in equity, a complaint is the document that begins an action at law. Equitable actions are those actions traditionally not heard by a jury, e.g., family law, probate, bankruptcy. Examples of legal actions are all criminal cases, breach of contract and tort cases (e.g., defamation, infliction of emotional distress, false imprisonment, civil assault and battery, invasion of privacy, etc.).

Everything that happens after the first document in a case is done on "motion." So...

You can "move" for an examination, but you need to show some very credible evidence as to why the other parent should be subjected to such an exam.

>
>2.  May I still petition the court for mediation to be
>ordered?

Yes, you may "move" for court ordered mediation.

>
>3.  How can I go about offering up a settlement to the
>opposing counsel?

Call first and ask if the other side would be interested in a possible settlement conference, or a written offer.

>
>4.  In this settlement offer, does it have to be in proper
>format, as in proper court format?

Well, if you write up a proposed stipulated order/judgment, then that makes it easy for the other side to just read it and sign. But, if the other side ihas an attorney, then it's almost certain that he/she won't like your wording, so you may be wasting your energy.

>
>5.  Can I give a time limit, say 10 days from reciept?

Yes.

>
>6.  Do I send a copy of this to the Courts?

Definitly not. Evidence of settlement negotiations are inadmissible to prove liability, as long as you make some reasonable effort to maintain the negotiations as private. If you actually settle, then evidence of the settlement is admissible to prove that the settlement occurred (and thus to prove liability, among other things).

lissa68

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RE: Questions for you Socrateaser/More
« Reply #3 on: Mar 25, 2004, 09:28:07 AM »

Melissa(lissa68)

Alright Soc,

How do I go about "moving" the court to order mediation?

What is the proper way?

Iowa, me pro-se, ex has attorney.

Thanks As Always Soc,  Lissa68

socrateaser

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RE: Questions for you Socrateaser/More
« Reply #4 on: Mar 25, 2004, 11:00:02 AM »
This is an EXAMPLE. Make sure that the caption comport with IA court rules The following assumes you are petitioner...adjust as necessary.

IN THE ________ COURT FOR THE STATE OF IOWA
COUNTY OF ____________

In the matter of:

YOURNAME,
Petitioner

and

HISNAME,
Respondent

Case No. ????????????????

Motion, Affidavit and Order for Mediation Order re: Custody/Visitation/Parenting Time

Petitioner, YOURNAME, pro se, hereby appears and moves that the court order the parties to engage in mediation to attempt to resolve their Custody/Visitation/Parenting Time issues, prior to trial, on grounds that such an order serves the best interests of the children and advances the court's interests in judicial efficiency.

In support of the above-stated motion, I, YOURNAME, Petitioner, after first being duly sworn, do hereby depose and say as follows:

1. The issues currently before the court are:

A. (state the issues)
B. etc.

2. I believe that I am not so estranged from Respondent, nor Respondent from myself, that we cannot resolve the above-stated issues via mediation.

3. For all of the forgoing reasons I hereby request that the court order Respondent and myself to engage in mediation within thirty days (30)from the date of entry of the court's order on this motion -- mediator to be chosen by mutual aggreement of Petitioner and Respondent, one half of the mediation costs to be paid for by each party -- said mediation to be completed within 60 days from the date of entry of this order.

By: ________________
YOURNAME
Petitioner, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ______ day of ________, 2004

By: _______________
NOTARY PUBLIC
My commission expires: _________


(Space for notary seal)


___(page break)__

Order for Mediation of Custody/Visitation/Parenting Time Issues

The matter, having come before the court on motion of Petitioner for an order for mediation of the parties' Custody/Visitation/Parenting Time issues, and the court, after reviewing the evidence and pleadings submitted, and having been fully advised;

NOW THEREFORE, IT IS HEREBY ORDERED:

1. Petitioner and Respondent shall engage in at least one (or more) mediation session(s),  to attempt to resolve their Custody/Visitation/Paranting Time issues within thirty days (30) from the date of entry of this order.

2. The mediator shall be chosen by mutual aggreement of Petitioner and Respondent, one half of the mediation costs to be paid for by each party, all mediation to be completed within 60 days from the date of entry of this order.

Dated, this _______ day of _______, 2004,


By: ____________
Judge of the ________ Court


(space for court seal)


 

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