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Author Topic: I can't explain our situation in 4 sentences, I posted last night......  (Read 1337 times)

stepmom74

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Dear socrateaser,
  I tried to simplify the situation because you speed read.  Well, that doesn't let me explain all the circumstances that have been happening.  We have not been able to talk or see the child for 4 weeks-- the child is only 10 and if told so, will do what she is supposed to.  Her mother has been hiding her so her father can't talk to her or attempt to pick her up.

How can you say that she isn't in contempt?  So we just can't see her anymore because the mother says she doesn't want to come?  If that were the case, I think most fathers would never see their children.  The mother has made absolutely no attempts to make arrangements for her to stay, she just tells us that she is not at home.  

1. What more evidence do we need if we aren't allowed to see the child and talk to her face to face?

2.  How can you say that it isn't contempt if she is making no arrangements at all to see us?

3.  She is blaming her not coming on me but will not even let her talk to her dad when I'm not there.  She won't let him see her at her house either.  Don't you think that's wrong?


socrateaser

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>1. What more evidence do we need if we aren't allowed to see
>the child and talk to her face to face?

If you can allege SPECIFIC times/dates when you have attempted to contact the child, and the mother has refused you access, then you may have the evidence for the contempt.

Send the mother a certified letter, EVERY TIME, she fails to permit you to see the child, expressing dismay and asking why she will not permit you to see your child. You don't need the return receipt, because you can get the delivery time/date from http://www.USPS.com. Then when you have 3-5 violations, use that as evidence and file.

>
>2.  How can you say that it isn't contempt if she is making no
>arrangements at all to see us?
>

I didn't say that the mother's not in contempt. I said that your prior post didn't provide me with enough facts to find willful violation of the court order.

Winning in court is about proving your case to the judge. The truth is irrelevant, unless you can also PROVE your case.

>3.  She is blaming her not coming on me but will not even let
>her talk to her dad when I'm not there.  She won't let him see
>her at her house either.  Don't you think that's wrong?

Yes, I do. Feel better, now?

stepmom74

  • Guest
I have on a journal of everytime in the last 2 months we have talked to the BM and how many times we have called and have tried to see her.  The BM has always told us that she was not around or that she would talk to her and see if she wanted to come-- we told her that it was not her daughter's choice, that she had to come.  She would call back and come up with an excuse as to why she couldn't come over.

1. Is this monthly journal with specific dates and times enough evidence?

2.  We have talked on the phone about 3-4 times a week for over a month now which has been documented.  Is that enough or do we still need certified letters?

socrateaser

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>1. Is this monthly journal with specific dates and times
>enough evidence?

A journal is interesting, but how does the judge know whether or not you just made up the entries? The purpose of a certified letter is: (1) it shows that you are concerned, hurt, bewildered, NOT ANGRY, (2) it proves that it was delivered to the other parent, (3) if you have multiple occurances, then it proves that the other parent is habitually denying you time with the child, and (4) unless the parent responds that you are a crackpot and that she doesn't know what you're talking about when you say that you haven't seen the child, then the letter proves that the mother is willfully violating the court order.

In my world, I want to go to court with a slam dunk, or I don't want to go at all. If I have credible evidence that the judge can't ignore, then the client's money is well spent. If I have the client and the opponent just reenacting an episode of "Judge Judy," then I'm not gonna waste the court's time.

>2.  We have talked on the phone about 3-4 times a week for
>over a month now which has been documented.  Is that enough or
>do we still need certified letters?

If you want to WIN, then see #1 above. Otherwise, you'll be flipping a coin.

stepmom74

  • Guest
Dear socrateaser,
  I tried to simplify the situation because you speed read.  Well, that doesn't let me explain all the circumstances that have been happening.  We have not been able to talk or see the child for 4 weeks-- the child is only 10 and if told so, will do what she is supposed to.  Her mother has been hiding her so her father can't talk to her or attempt to pick her up.

How can you say that she isn't in contempt?  So we just can't see her anymore because the mother says she doesn't want to come?  If that were the case, I think most fathers would never see their children.  The mother has made absolutely no attempts to make arrangements for her to stay, she just tells us that she is not at home.  

1. What more evidence do we need if we aren't allowed to see the child and talk to her face to face?

2.  How can you say that it isn't contempt if she is making no arrangements at all to see us?

3.  She is blaming her not coming on me but will not even let her talk to her dad when I'm not there.  She won't let him see her at her house either.  Don't you think that's wrong?


socrateaser

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>1. What more evidence do we need if we aren't allowed to see
>the child and talk to her face to face?

If you can allege SPECIFIC times/dates when you have attempted to contact the child, and the mother has refused you access, then you may have the evidence for the contempt.

Send the mother a certified letter, EVERY TIME, she fails to permit you to see the child, expressing dismay and asking why she will not permit you to see your child. You don't need the return receipt, because you can get the delivery time/date from http://www.USPS.com. Then when you have 3-5 violations, use that as evidence and file.

>
>2.  How can you say that it isn't contempt if she is making no
>arrangements at all to see us?
>

I didn't say that the mother's not in contempt. I said that your prior post didn't provide me with enough facts to find willful violation of the court order.

Winning in court is about proving your case to the judge. The truth is irrelevant, unless you can also PROVE your case.

>3.  She is blaming her not coming on me but will not even let
>her talk to her dad when I'm not there.  She won't let him see
>her at her house either.  Don't you think that's wrong?

Yes, I do. Feel better, now?

stepmom74

  • Guest
I have on a journal of everytime in the last 2 months we have talked to the BM and how many times we have called and have tried to see her.  The BM has always told us that she was not around or that she would talk to her and see if she wanted to come-- we told her that it was not her daughter's choice, that she had to come.  She would call back and come up with an excuse as to why she couldn't come over.

1. Is this monthly journal with specific dates and times enough evidence?

2.  We have talked on the phone about 3-4 times a week for over a month now which has been documented.  Is that enough or do we still need certified letters?

socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
>1. Is this monthly journal with specific dates and times
>enough evidence?

A journal is interesting, but how does the judge know whether or not you just made up the entries? The purpose of a certified letter is: (1) it shows that you are concerned, hurt, bewildered, NOT ANGRY, (2) it proves that it was delivered to the other parent, (3) if you have multiple occurances, then it proves that the other parent is habitually denying you time with the child, and (4) unless the parent responds that you are a crackpot and that she doesn't know what you're talking about when you say that you haven't seen the child, then the letter proves that the mother is willfully violating the court order.

In my world, I want to go to court with a slam dunk, or I don't want to go at all. If I have credible evidence that the judge can't ignore, then the client's money is well spent. If I have the client and the opponent just reenacting an episode of "Judge Judy," then I'm not gonna waste the court's time.

>2.  We have talked on the phone about 3-4 times a week for
>over a month now which has been documented.  Is that enough or
>do we still need certified letters?

If you want to WIN, then see #1 above. Otherwise, you'll be flipping a coin.

 

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