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Re: Teenage Boys - Court Date

Started by SFMedic, Nov 15, 2005, 01:45:22 PM

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SFMedic

Dear Soc,

As of this morning, I had a meeting with a CPS case worker, regarding alleged physical abuse against my two teenage Son's (14 & 15) y/o.  The case workers opinion is that there is no bases of "proof" regarding physical abuse taking place.

I informed the case worker, the date the protective order was filed had coincided with the same date, regarding the notice we both received, regarding the Contempt of Court motion that is already scheduled for a court date.  That the Mother was doing this as a means of retaliation for things not going her way.  This has "never" taken place before, and my previous court motions, were already filed since Aug 22nd.

I still have a court date to attend this coming Friday, regarding the protective order.

He also informed me, my Son's may be testifying in person in front of the judge.

1.  Question:  Should the case be dismissed, which I'm hoping it will be and the kids are present in court, doesn't my visitation continue to resume at that point?

2.  Question:  If the kids are present, standing court order states this year I have them for the Thanksgiving holiday, my court papers specifically state visitation begins the Friday before the holiday, if the children are off from school, which they are all next week.  Technically, I should be able to leave the court room with the children, to begin my holiday visitation?

3.  Question:  If the Mother interferes with my visitation (leaving with the kids), would this be grounds for "contempt of court", regarding the same motion (Contempt of Court / Enforce/Modify Visitation) which I already have a court date scheduled for Dec 7th?

4.  Question:  If the boys are present to testify, is it unreasonable to ask the judge to interview them separately and in his chambers?  What would you recommend?

5.  Question:  Is there any other preparation I need to do prior to my court date this coming Friday?  I have pictures to share with the judge that cover the dates (time frame) of the alledge abuse, where they are doing different activities with myself and other family members.  


Thanks..!!!!

socrateaser

>1.  Question:  Should the case be dismissed, which I'm hoping
>it will be and the kids are present in court, doesn't my
>visitation continue to resume at that point?

It's at the Court's discretion.

>2.  Question:  If the kids are present, standing court order
>states this year I have them for the Thanksgiving holiday, my
>court papers specifically state visitation begins the Friday
>before the holiday, if the children are off from school, which
>they are all next week.  Technically, I should be able to
>leave the court room with the children, to begin my holiday
>visitation?

Assuming your case is dismissed, then yes.

>
>3.  Question:  If the Mother interferes with my visitation
>(leaving with the kids), would this be grounds for "contempt
>of court", regarding the same motion (Contempt of Court /
>Enforce/Modify Visitation) which I already have a court date
>scheduled for Dec 7th?

You can avoid this issue if you ask the judge to verbally instruct that your visitation is to begin immediately. Do this, the second that the judge says "dismissed," i.e., "Your honor, according to my current visitation order...ya da ya da. In the interest of avoiding any new issue, would your honor please instruct Ms. X that my visitation is to begin immediately?"

>
>4.  Question:  If the boys are present to testify, is it
>unreasonable to ask the judge to interview them separately and
>in his chambers?  What would you recommend?

I recommend that you let the judge handle the questioning. I also recommend that you hire an attorney, but you already know that.

>
>5.  Question:  Is there any other preparation I need to do
>prior to my court date this coming Friday?  I have pictures to
>share with the judge that cover the dates (time frame) of the
>alledge abuse, where they are doing different activities with
>myself and other family members.  

It's impossible for me to advise you without my reading the precise allegations and reviewing the evidence that you have. If this is a contempt hearing or some other quasi-criminal restraining hearing, etc., then you have no obligation to testify, and depending upon the allegations, you may be wise to not testify at all, and merely argue law and cross examine witnesses.

I'm sorry, I just don't remember the facts of your case or history, so I can't give you specific advice unless we start over again.

SFMedic

Dear Soc,

The following are the circumstances regarding my case:

I have two teenage boys (14 & 15) y/o, the oldest will turn 16 this Dec 4th.  I live in MD they with their mother live in WV.

On Aug 22nd, I filed a motion to "Enforce & Modify Visitation".  The mother refused to bring the children for scheduled visitation, it's now been 3 1/2 months, since I've had a scheduled weekend with my children.

The last time we were in court was Nov 28, 1994, to "enforce and modify" regarding my oldest son who was 5 then, receiving psychiatric treatment for "acid refulx" and "separation anxiety" from the mother, during my scheduled weekends.  The case was found in my favor, and I essentially received what I asked for.

On October 25th, I filed a "Contempt of Court" motion, due to denial of visitation.

On October 28th, I received notice from the court, that the "mother's motion requesting change of venue", was denied, and we have a scheduled court date for Dec 7th regarding the "Enforce & Modify Visitation".

On Nov 3rd, I received notice regarding the "Contempt of Court", that a court date would also be scheduled for Dec 7th, combined with the "Enforce & Modify Visitation".

On Nov 3rd, the Mother filed a "Protective Order" against me, alleging my physical abusing the children and herself as well (during our marriage) during this entire summer visitation, which was a total of 3 separate 10 day periods, the last time I had them for visitation was on July 31st.

On Nov 10th, I received a phone call from a social services case worker informing me of the protective order, this is how I found out, they couldn't locate me, because I'm Active Duty military.

On Nov 14th, I took part in a home visit interview with the case worker, I was informed his report would reflect there was "no proof" that physical abuse had taken place.  I explained how I've never had a protective order brought against me regarding either the children or their mother, and how this was all fabricated because the mother didn't get what she wanted with her change of venue request.

The case worker informed me that my children may be brought down by the mother to testify in front of the judge.  I was informed also if the children are to resume visitation with me, the mother has expressed fears of them running away from my home, this has never happened in the past or has ever been an issue.

The case worker was also showed pictures taken earlier this year, where the boys and I are wrestling with each other, all of us with chessy smiles on our faces the whole time.  Not to mention, pictures of different activities with other immediate family members through out the 3 weeks of summer visitation.

I informed the case worker, this all center's around their school grades and after school sport activities.  I tie their school grades into them wanting to switch weekends with me to attend after school sport events, school dances and such.  This is something that has been in effect since they started 6th grade, as an incentive to maintain at least a "C" average and completing their homework.  I showed some of the letters that have been sent to the mother recently and in the past, regarding this issue.

On Nov 18th, I have a court appearance regarding the protective order.

1.  Question:  Shouldn't it be a no brainer to the judge, given the dates and circumstances, the mother filed the protective order as a means to try and smear my name, by filing bogus charges in an attempt to terminate my visitation?

2.  Question:  What would be the best way to approach and present this to the judge?  I will be Pro Se during this time, I feel confident the protective order should be dismissed, based on the case workers interview.

3.  Question:  Assuming the case will be dismissed, will this have any bearing regarding the Dec 7th "Enforce & Modify Visitation" and "Contempt of Court" trial date?  Could I use this (case worker report) as evidence of deliberate "alienation" or "further frustrating my scheduled visitation" on the part of the mother?

4.  Question:  If and when the children do runaway (hoping they don't), besides contacting the police, informing them of a runaway child, what else should I do or could I do regarding this issue? How could this effect my continued visitation?

5.  Question:  Regarding this Friday's court date, if the Mother brings other witnesses (close friends / family members) to testify, couldn't I say their testimony is all heresay, considering I haven't been around any of them for at least 4 years if not longer?

Thanks....

socrateaser

>1.  Question:  Shouldn't it be a no brainer to the judge,
>given the dates and circumstances, the mother filed the
>protective order as a means to try and smear my name, by
>filing bogus charges in an attempt to terminate my
>visitation?

Under federal mandate, the burden of proof for a protective order is by a preponderance of evidence, and  the other parent need only show that it is more likely than not that she is "afraid" of being "emotionally" abused, and the order will remain in place.

Regrettably, the only sure fire way of beating one of these things is to submit to a polygraph and offer it into evidence. You can offer to do this this at the hearing and it may motivate the judge to become suspicious of your ex's testimony.

Also, while you have given me a very detailed series of events above, you are not telling me exactly what is alleged in her affidavit for the TPO, so I still can't tell you whether there's any other way to defeat it.

>2.  Question:  What would be the best way to approach and
>present this to the judge?  I will be Pro Se during this time,
>I feel confident the protective order should be dismissed,
>based on the case workers interview.

The case worker may not be present, nor her report. The protective order is inadmissible hearsay without the case worker's presense, and if you wanted the case worker at the hearing, then you would have had to subpoena him/her to appear.

This is also true for the children. You have no guarantee that the kids will be at the hearing, unless you have checked the court file and you see a return of service of subpoena for them.

I doubt that they will be brought to testify -- it's incredibly easy to keep a TPO in force without any testimony from anyone other than the other party.

>3.  Question:  Assuming the case will be dismissed, will this
>have any bearing regarding the Dec 7th "Enforce & Modify
>Visitation" and "Contempt of Court" trial date?  Could I use
>this (case worker report) as evidence of deliberate
>"alienation" or "further frustrating my scheduled visitation"
>on the part of the mother?

It could, but it depends upon the actual charges. And, I think you assume too much.

>
>4.  Question:  If and when the children do runaway (hoping
>they don't), besides contacting the police, informing them of
>a runaway child, what else should I do or could I do regarding
>this issue? How could this effect my continued visitation?

If the kids don't want to be with you to the point where there is a reasonable likelihood of them running away, then I'd say you have a serious problem that requires some counseling. A court would probably stop your visitation completely or make it supervised, until you could show why the kids apparently dislike you so much.

>5.  Question:  Regarding this Friday's court date, if the
>Mother brings other witnesses (close friends / family members)
>to testify, couldn't I say their testimony is all heresay,
>considering I haven't been around any of them for at least 4
>years if not longer?

"Hearsay" is an out of court statement by someone other than the declarant offerred to prove the truth of the matter asserted. If the witnesses appear, then their testimony is not hearsay, because they are the declarant and they're saying it in court (unless they are testifying to something that someone else said outside of court -- in which case, that would be hearsay).

Your objection is actually "unfair surprise" if ANY witness appears who was not provided to you on a witness list in advance of the hearing, and your motion is that the court either continue the hearing until you have had an opportunity to fairly prepare to meet their evidence, or that the court exclude the witness' testimony.

What EXACTLY is being alleged for this protective order?

SFMedic

Dear Soc,

>>What EXACTLY is being alleged for this protective order?

Child abuse block was checked off, with relief for the mother and minor children checked off, detaining against will checked off, and other.

Details as follows: pulling hair, poking, pushing over a chair.  various times the last time being on or about July 31st (when boys were returned from visitation) father has hit, poked or pulled hair of minor children constantly on visitations.  the adult has threatened and or hit the children and knocked him over a chair, another incident he pulled older son's hair or poked him in chest.

On July 31st, I was on the road taking the boys back to our designated meeting place, and the day was for the most part a normal day like any other.

These accusations are totally blown out of proportion.  As I've stated before, I have pictures of wrestling with the boys, where some of these things actually took place during that time and it was all in fun, with no problem, and again, the case worker seeing pictures of this.

Two different times, when the children were much younger  (8 & 9) they were spanked on the bottom for doing something to the other where they got hurt.

Just last week, I obtained copies of medical records for both children going back to March 04 to present, to demonstrate to the case worker, there was nothing filed or reported regarding myself.  The records did show my youngest son sustaining some minor injuries during sports related activities at school or during a time he was with his mother.

1.  Question:  If there was any truth to this, why wouldn't the Mother or any other self-respecting parent not file some type of charges immediately?

Thanks...

socrateaser

>1.  Question:  If there was any truth to this, why wouldn't
>the Mother or any other self-respecting parent not file some
>type of charges immediately?

That's a good question to ask the other parent under oath.

If, as you say, the mother's complaints are ONLY that you are abusive the children, then unless the children testify, then the mother's case is entirely hearsay, and you should immediately state a hearsay objection to every single statement by her that starts with the words, "My son said...", or the like.

If the judge overrules your objection, you should say, "Your honor, a hearing for a TPO is quasi-criminal in nature, because once the order is in place, I can be arrested merely on the claim by the other parent that I am violating the order. Under the U.S. Supreme Court ruling in Crawford v. Washington, hearsay evidence such as what is being offered by the other parent, is an inadmissible violation of the confrontation clause of the U.S. Constitution, because the witnesses, my children, are available to testify. Therefore I reinstate my hearsay objection."

Even if you are ultimately overruled, you should politely object to each and every hearsay statement by the other parent about what the children" said.

Obviously, if the kids show up to testify, then you need to use the unfair surprise objection, that I already provided. However, don't allow yourself to be tricked, because just because the kids are in the courthouse, doesn't mean that the mother's statements about what the kids said, isn't hearsay -- it is. You object and remind the court that the children are readily available and that the other parent shouldn't be permitted to advance any of your children's testimony.

Once again, the most persuasive thing that you could say to the judge would be, "Your honor, Petitioner's allegations are fabricated for the sole purpose of punishing me because I have attempted to enforce my visitation rights under the existing custody orders. I would be happy to offer to continue this hearing, and submit to a polygraph exam on Petitioner's claims of abuse, on the condition that if I pass the exam, that Petitioner be ordered to reimburse me for its costs, and on the further condition that Petitioner also submit to a polygraph as to whether or not her allegations are true."

This would put the entire ball in your ex's court. Judges know that almost no one can fool a polygraph examiner, so anyone who offers to submit to an exam, immediately raises a very weighty argument suggesting that the other party is misrepresenting the allegations.

SFMedic

Dear Soc,

Great news..!!!  The protective order was dismissed.  We both were at court Pro Se.  The judge had specifically told the mother there is no reason he could see why my visitation should be denied or why she's been denying it for the past 3 1/2 months. The mother also brought the children, which didn't have to testify, their testimony was taken during a 20 minute recess by the MD CPS case worker, because Social Services from WV never faxed a report to the CPS case worker prior to trial.

The judge instructed her there is no reason for my visitation to not resume immediately.  He also made a comment how he noticed my "Contempt of Court and Enforce & Modify Motion (Dec 7th)" were rolled up in one.  The Judge went on to say, "it was obvious there were some behind the scenes discipline issues taking place".  How the children would naturally side with the parent who was less strict than the other.  The mother responded how she couldn't make them get into the car and brought down, the Judge responded "then it sounds like you have some discipline issues in your home, the children are teenagers and cannot just decide on their own when they feel like coming"!

He warned the mother, he could only rule on the proctective order, but that if she continued to deny my visitation, and when we come back to court, I could end up being awarded additional time for the number of days I've missed, and how she could end up having the boys put in foster care through a "CINA" (not sure of the spelling?), which I'm assuming would mean I may be awarded custody?

As the mother was being told this by the Judge regarding the case being dismissed, she started to self-destruct in the court room.  As the mother was passing through the court doors into the hallway, I asked about resuming my visitation, she turned towards me and yelled "go to hell" and took off with the children.  When she made this comment, it was in front of my entire extened family, who was made to wait outside during the court proceedings (they were potential witnesses).  I asked about resuming my visitation, because I'm to have the boys for the Thanksgiving holiday.

If I don't see the children during Thanksgiving, my next scheduled visitation is not until Friday (Dec 9th) of the week we go to court (Dec 7th).

Yesterday, I mailed a letter to the mother and the courts that said the following:

Dear Xxxxx,

   I'm writing with regard to the ruling and circumstances that took place, during our November 18th court date, involving the dismissal of the protective order and resuming my visitation.

   I would like to be able to resume visitation with Xxxx Xx. and XX without further litigation.  We would like to work with the boys, to rebuild our family, without any additional hardships or stress on either side.

   I would hope that your response in the hallway, with regard to resuming my visitation, was due to emotions running high on the day of our hearing.  I would ask for your cooperation, by allowing me to resume my scheduled visitation, per the standing court order, so that the boys are able to enjoy, the Thanksgiving holiday with our family.

   I would like to pick up the boys on Wednesday evening (Nov 23rd), at our designated meeting place, the "Little Sandy's Truck Stop" on I-70 exit 3 no later than 6:30 pm.

   I can be reached at the following numbers home: XXX-XXX-XXX or cell: XXX-XXX-XXXX.    I look forward to hearing from you ASAP regarding this matter.  If not, I will assume you are continuing to deny my scheduled visitation, and attempting to further alienate the boys from me, as well as their extended family.

1.  Question: Can the results of the protective order be used in anyway during the Dec 7th pre-trial conference?  If so, how is the best way to present to the Judge?

2.  Question:  If the mother still refuses my visitation for the Thanksgiving holiday (officially starts Weds evening at 6:30 pm), and doesn't respond back in anyway to my letter, what would be the best way to present that to the Judge?

3.  Question:  Can the comment she made in the hallway be used at all during the Dec 7th pre-trial conference?

4.  Question:  Should I be denied the Thanksgiving holiday, I plan on asking the Judge for Thanksgiving for next year 2006, would this be an unreasonable request?  I've missed 31 days so far.

5.  Question:  Given the number of days missed, I will also ask for the entire summer versus my current 5 weeks which is broken up time, currently I can only take 2 wks consecutive time, which the mother always complains about doing the drive.  Would this be an unreasonable request?

6.  Question:  Any other recommendations or areas I should covered would be greatly appreciated.  

Thanks....




socrateaser

Congrats (but, don't get cocky). It never ceases to amaze me how parents (both fathers and mothers) use their kids as weapons and shields to avoid having to take responsibility for their own failures in life.

>1.  Question: Can the results of the protective order be used
>in anyway during the Dec 7th pre-trial conference?  If so, how
>is the best way to present to the Judge?

Yes, get a transcript of the record and the minute orders from the hearing.

>2.  Question:  If the mother still refuses my visitation for
>the Thanksgiving holiday (officially starts Weds evening at
>6:30 pm), and doesn't respond back in anyway to my letter,
>what would be the best way to present that to the Judge?

If she doesn't show at the truck stop, I would drive to the home with a friend and a video recorder and tape yourself attempting to assert your visitation and the argument that will almost certainly ensue (you could use just a dictation recorder also, as long as you have it in plain sight and let the ex know you're recording the transaction -- make sure you get the time and date and location on the tape.

Then you can just playback in court and the judge will probably have had enough.

>3.  Question:  Can the comment she made in the hallway be used
>at all during the Dec 7th pre-trial conference?

She didn't say you're never gonna see the kids again, but it does show that she doesn't care what the kids hear related to her opinion of you, and that shows she will not hesitate to act to undermine your relationship with the kids. Now, was there anyone who heard the remark who is not family or friend who will testify to it? If not, then you're wasting your time, unless the mother admits in court to having made the comment in front of your children.

>
>4.  Question:  Should I be denied the Thanksgiving holiday, I
>plan on asking the Judge for Thanksgiving for next year 2006,
>would this be an unreasonable request?  I've missed 31 days so
>far.

I think you should be moving for a change in custody if she refuses you for Turkey day. It's apparent that the judge has had enuf of this, so I would jump on the next big contempt.

>5.  Question:  Given the number of days missed, I will also
>ask for the entire summer versus my current 5 weeks which is
>broken up time, currently I can only take 2 wks consecutive
>time, which the mother always complains about doing the drive.
> Would this be an unreasonable request?

Wait till after Thursday before considering what you want, because I have a hunch you may be able to get a lot more.

>
>6.  Question:  Any other recommendations or areas I should
>covered would be greatly appreciated.  

No, you're doing pretty well. Just love your kids and things should continue on that route.


SFMedic

Dear Soc,

In advance, thanks for the valueable insight.  Regarding taking responsibility, I'm well aware, regardless if it's my standard visitation taking place, or having to resort to fighting for change of custody, some serious family counseling will be needed, to assist for as much as possible a stable transition to take place.

>>If she doesn't show at the truck stop, I would drive to the home with >>a friend and a video recorder and tape yourself attempting to assert >>your visitation and the argument that will almost certainly ensue (you >>could use just a dictation recorder also, as long as you have it in >>plain sight and let the ex know you're recording the transaction -- >>make sure you get the time and date and location on the tape.

1.  Question: The Mother lives in Morgantown, WV, should I go to her door with a Sony Handycam at the ready, and a tag along friend, don't I run the risk of finding myself arrested for trespassing on her property?  Is the intent of my coming to her property, besides picking up the children, hoping she'll contact the authorities, so I can have a written statement (Police Report) of my presence, just asking for clarification?

>>She didn't say you're never gonna see the kids again, but it does >>show that she doesn't care what the kids hear related to her opinion >>of you, and that shows she will not hesitate to act to undermine your >>relationship with the kids. Now, was there anyone who heard the >>remark who is not family or friend who will testify to it? If not, then >>you're wasting your time, unless the mother admits in court to >>having made the comment in front of your children.

2.  Question:  Yes there were other individuals, the MD CPS case worker was well within ear shot, and actually witnessed her storming out of the court room into the hallway, along with the Rabbi, who's been assisting me through the whole process.

3.  Question:  Even though the MD CPS case worker witnessed and heard the statement being made, and knowing I would have to supeona him to be present, couldn't the mother just turn around and claim he's a tainted witness regarding his testimony?

4.  Question:  The MD case worker, made a comment after the mother left, how it didn't dawn on him, during the past 14 1/2 years the boys have been with me for scheduled visitation, there has never been a time or incident where the mother filed a complaint or report, regarding the initial Protective Order, is this also something I could or should bring up during the pre-trial conference?

Thanks....


socrateaser

>1.  Question: The Mother lives in Morgantown, WV, should I go
>to her door with a Sony Handycam at the ready, and a tag along
>friend, don't I run the risk of finding myself arrested for
>trespassing on her property?  Is the intent of my coming to
>her property, besides picking up the children, hoping she'll
>contact the authorities, so I can have a written statement
>(Police Report) of my presence, just asking for
>clarification?

Criminal trespass requires some intent to do a criminal act. Picking up your kids doesn't satisfy, therefore, while you could be sued in civil court for trespass, you aren't gonna get arrested, unless you do something stupid.

You need to have a certified copy of your court order. Ideally, that order would be registered in WV, that way a local sheriff could actually force your ex to transfer the kids to you. But, let's face it, you don't want an altercation. What you want is your kids, and if your ex won't turn them over with a smile, then you want a recording of her frown for a judge to view and find her in contempt, and then reverse custody.

>2.  Question:  Yes there were other individuals, the MD CPS
>case worker was well within ear shot, and actually witnessed
>her storming out of the court room into the hallway, along
>with the Rabbi, who's been assisting me through the whole
>process.

The caseworker and/or the Rabbi are the witnesses whom you want subpoenaed to appear at the 12/7 hearing, asuming that they  agree to have witnessed the incident as you describe it.

>3.  Question:  Even though the MD CPS case worker witnessed
>and heard the statement being made, and knowing I would have
>to supeona him to be present, couldn't the mother just turn
>around and claim he's a tainted witness regarding his
>testimony?

Judges get paid to judge witness credibility. Who do you think the judge will believe, the mom or the caseworker (or the Rabbi)?


>4.  Question:  The MD case worker, made a comment after the
>mother left, how it didn't dawn on him, during the past 14 1/2
>years the boys have been with me for scheduled visitation,
>there has never been a time or incident where the mother filed
>a complaint or report, regarding the initial Protective Order,
>is this also something I could or should bring up during the
>pre-trial conference?

"Couldn't hurt."

SFMedic

Dear Soc,

>>Criminal trespass requires some intent to do a criminal act. Picking >>up your kids doesn't satisfy, therefore, while you could be sued in >>civil court for trespass, you aren't gonna get arrested, unless you do >>something stupid.

>>You need to have a certified copy of your court order. Ideally, that >>order would be registered in WV, that way a local sheriff could >>actually force your ex to transfer the kids to you. But, let's face it, >>you don't want an altercation. What you want is your kids, and if >>your ex won't turn them over with a smile, then you want a recording >>of her frown for a judge to view and find her in contempt, and then >>reverse custody.

1.  Question:  I should have asked you about this from day one, how "exactly" do I go about filing my two (2) current court orders through the Monongalia County, WV court system?

2.  Question:  What exactly takes place regarding the mother, typical turn around time, and is it a process of her being served notice in some form or fashion?

3.  Question:  I assume I will be sent something back through the Monongalia court system saying my standing court orders have been received and processed or registered, just asking for clarification?

Thanks...

socrateaser

>1.  Question:  I should have asked you about this from day
>one, how "exactly" do I go about filing my two (2) current
>court orders through the Monongalia County, WV court system?

Just call the court clerk and ask if they have a form that they use to register an out of state custody order. If not, just ask for the cost, and then send them a certified copy with a cover letter requesting registration. Then you need to serve notice that it's been registered on the other parent. No biggie.

>
>2.  Question:  What exactly takes place regarding the mother,
>typical turn around time, and is it a process of her being
>served notice in some form or fashion?

See above.

>
>3.  Question:  I assume I will be sent something back through
>the Monongalia court system saying my standing court orders
>have been received and processed or registered, just asking
>for clarification?

I don't understand the question.

SFMedic

Dear Soc,

Listed below is a letter that I plan on sending out this coming Friday, as it stands, still no reponse from the Mother.  Stated within the letter are verbatim comments from the Judge during our Protective Order hearing.

1.  Question: Should any changes be made to letter, if so, point out which areas, and how they should be reworded?.

2.  Quesion:  I listed direct comments, that came from an audio CD I picked up from the court house this morning, I'm doing this so that the Mother is reminded what took place during our P.O. hearing, would this be wrong or unnecessary to do?  Hoping it's a wake up call of sorts??

Thanks....


Dear Xxxxx,

   This correspondence is in regard, to my scheduled visitation being denied, for the 2005 Thanksgiving holiday, per the standing court order, I was to have the children this year, beginning Wednesday evening (Nov 23rd) at 6:30 pm.  

   As of the letter you received, dated November 19th, I have not received a written response, nor have I been directly contacted by you at anytime, regarding my scheduled visitation.    

   I would very much like to resolve these issues amicably, without having to resort to further unnecessary litigation through the courts, and not be forced to pursue a "change of custody", due to my court ordered visitation, deliberately being denied for no reason.

   I would remind you, and ask that consideration is given, regarding comments made to both of us, following our closing remarks, during the November 18th protective order hearing with Judge Xxxx Xxxxx, they were:

   "I'm gonna deny the request for a final protective order at this time"

   "I can tell that there's a lot behind the scenes here, there's a pending contempt matter regarding visitation"

   "there's a distance between the father and the children when visitation does in fact occur"

   "sometimes, I don't know if it applies in this case, but sometimes children do what they can to get out of a situation where one parent has a different standard of discipline then another parent, and of course children being what they are, certainly would shy away from the parent that's stricter so to speak"

   "there is nothing preventing it" (regarding my visitation resuming)

   "if you have a visitation order that has not been changed, then I expect everybody to abide by whatever orders are in effect right now"

   "if you have a visitation schedule that entitles you visitation on that date, then visitation should occur or it can be taken up at the time of the contempt hearing"

   "if the judge in the contempt hearing believes you were denied visitation for no reason, he can add extra visits to make up for those, so I'm not sure what would be accomplished by denying those visits"

   "but if he's entitled to have his visits ma'am, it would be my suggestion to you that the children visit with him especially in light of my finding today"
   
   "your honor it's not me keeping the children away they're refusing to go (Mother), well then ma'am that tells me they have a discipline problem, because minor children are not going to decide when they're gonna visit their parents, are we clear on that, there's a court order"

   "but they do when they're scared to go visit their parent, okay well that has to be taken up in a juvenile CINA petition, if the children are out of control and they're not going to follow the instructions of their parents, then, they could end up in foster care, so it's incumbent upon you as the custodial parent to make sure they do what the court has ordered them to do, okay "

   I would not want to see either of our children placed in foster care, due to not being able to work out an amicable arrangement with each other.  I'm hopeful that you will come to realize, my resuming visitation with the children, is something we should be able to discuss and come to an understanding, without involving the courts.  How it is just as important for the children, that they not only maintain a relationship with myself, but their immediate and extended family they have been a part of for the past 14 ½ years.  
   
Sincerely,




Xxxx X Xxxxx

socrateaser

>Dear Soc,
>
>Listed below is a letter that I plan on sending out this
>coming Friday, as it stands, still no reponse from the Mother.
> Stated within the letter are verbatim comments from the Judge
>during our Protective Order hearing.
>
>1.  Question: Should any changes be made to letter, if so,
>point out which areas, and how they should be reworded?.
>
>2.  Quesion:  I listed direct comments, that came from an
>audio CD I picked up from the court house this morning, I'm
>doing this so that the Mother is reminded what took place
>during our P.O. hearing, would this be wrong or unnecessary to
>do?  Hoping it's a wake up call of sorts??

Huge overkill. Dump all the quotes and merely state that you just want to spend time with your child and that what she's doing is hurting the child and his relationship with you.

Everything you write/say/do must be framed as to its effect on the child, and not on how it effects you or your ex.

Otherwise, you sound like an angry man, rather than someone who's merely defending his child's interests.

SFMedic

Dear Soc,

I never did end up hearing from the Mother, regarding my Thanksgiving visitation, can't say I was too surprised.

I did call and spoke with the case worker, to inform him of my need for his testimony, regarding the departing comments the Mother made as she was leaving the court room.

The case worker informed me, he doesn't have a problem testifying, but his supervisor has to approve it, and most times their staff attorney's try to squash any type of supoena being issued.

1.  Question:  Regarding the supoena for the case worker, has this been a common practice in your various dealings with past custody hearings?

2.  Question:  I sent the multi-carbon document (supoena form), they have to process - stamp it so to speak, then mail it back to me, so I can serve it (mail it) to the case worker, is this the normal process?  Considering my court date is next Weds (Dec 7th), not sure if this will be done in time by the courts.

3.  Question:  You had recommended my pursuing a "change of custody", which I will be doing.  Besides the 4 months of not seeing the children for schedule visitation, and the Thanksgiving holiday, following the protective order proceedings, what are my chances of this taking place?  I've been told and have read, how one of the ways a Judge can deal with a "Contempt / Denial of Visitation", is thru a reversal of custody.

Thanks....

socrateaser

>1.  Question:  Regarding the supoena for the case worker, has
>this been a common practice in your various dealings with past
>custody hearings?

The state will try to keep its employees out of the courtroom to save money and reduce the possibility of liability for something that's uncovered during testimony. You can still obtain the case worker's testimony if you serve a lawfull subpoena in a timely manner. I don't think you have enough time to successfuly force the case worker's appearance at this late date. Even if you get it back from the court, the state's staff attorney will probably say that you didn't provide enough time and then you will either have to try to get your hearing continued, or proceed without the case worker's testimony.

>2.  Question:  I sent the multi-carbon document (supoena
>form), they have to process - stamp it so to speak, then mail
>it back to me, so I can serve it (mail it) to the case worker,
>is this the normal process?  Considering my court date is next
>Weds (Dec 7th), not sure if this will be done in time by the
>courts.

See #1.

>
>3.  Question:  You had recommended my pursuing a "change of
>custody", which I will be doing.  Besides the 4 months of not
>seeing the children for schedule visitation, and the
>Thanksgiving holiday, following the protective order
>proceedings, what are my chances of this taking place?  I've
>been told and have read, how one of the ways a Judge can deal
>with a "Contempt / Denial of Visitation", is thru a reversal
>of custody.

A reversal of custody based on continuous denial and contempt findings is about as rare as a winning Powerball ticket. The only time it happens is where the contempts are accompanied by serious acts by the custodial parent that affirmatively harm the child's interests, i.e., drug distribution from the home, or physical abuse. Otherwise, it's a sublime fantasy, because the court is interested in the child's welfare and stability more than maintaining the relationship with the NCP. Unfair? You bet. But, where the rights of the parents balance each other out, the child's interests will break the tie, and overwhelmingly, the court will err on the side of caution with the "devil that it knows," vs. changing to the "devil that it don't know."

But, as I am fond of saying when asked about probabilities of success or failure in a courtroom: I don't read tea leaves.

SFMedic

Dear Soc,

This afternoon, I just accessed the county court docket via internet,
for my pre-trial conference hearing.  

1.  Question:  I noticed there is another case already scheduled 15 minutes following mine, which is the last one for the day.  Not sure if this will make a big difference or if I'll be allowed some additional time by the Master to cover some ground with witness testimony?

2.  Question:  The pre-trial conference is being presided with a Master, is there any difference between them and an actual Judge?

3.  Question:  The Mother has still taken the position of being unwilling to communicate at all with me, in trying to resolve the visitation dispute.  Should I pretty much at this point, just expect the Master to end up referring our case for an actual court hearing to be scheduled at a later date?

4.  Question:  I was contacted today by the Case Worker, who was present at the previous hearing, regarding the "temporary protective order", that was of course later dismissed.  He informed me that he will be present for the pre-trial conference.  His staff attorney advised me, due to the shortness of receiving the supoena, the Judge would have to decide if his (Case Worker) testimony would be allowed.  Is there a particular way, I should address the Master with stating the relevance / importance of his testimony?  Thanks....

5.  Question:  Is it safe to assume, at the very least, some type of a visitation schedule should resume and be addressed by the Master to include the "Contempt of Court" motion, in light of being denied the Thanksgiving Holiday and 4 months of no visitation with the children?

6.  Question:  Any other suggestions or comments you would recommend would be great appreciated!

Thanks....

cowboy crazy

Just wandering how court went yesterday?  Update us when you get a chance!!  Hoping things went well.

SFMedic

Dear Soc,

 Going to court on Dec 7th, was a total waste of time. It started with a 15 minute session with a mediator, who was totally bias against men in general.  

He starts telling me how the Mother can legally deny any given weekend of visitation if they had a sporting event, school dance or any other after school activity, that she wanted them to attend, in spite of what my court order reads.  That pretty much told me up front, what I was dealing with.

Of course none of what he mentioned is even stipulated in my current court order.  I'm to have the children every other weekend.

The Mother was relentless towards me, repeatedly accussing me of child abuse towards the children, in front of the mediator.  I reminded her how the case was dismissed, due to the case workers determination and recommendation.  Well, she didn't want to hear that, and kept saying how there was no bruises or broken bones, and the kids were very much afraid of me and that's why she/they haven't still come down.

But, it gets better, we're in front of the Master, he annouces how he will not be taking any testimony and cannot make a ruling regarding the Contempt of Court motion.  He checks the docket, and it's rescheduled until Jan 20, 2006 for a 1 hour block of time, hopefully in front of a Judge this time.  I'm actually wondering just how much I could run up the clock during the testimony of my witnesses and my cross examination of the Mother, so that she has very little time left, when it's her turn, a not so nice thought I know.  He asked me what time would I prefer 9 am or 1:30 pm, I replied due to the distance the defendant and children would be traveling, make it for 1:30 pm.  The "Enforcement and Modification" of visitation will not be addressed, until April 25th.  So where the motions were initially combined by a Judge, they have now been separated by a Master, why I don't know for sure, and at the time, didn't think to ask.  The only thing I can think of, maybe it was done deliberately to force a cooling off period between us?

I asked about my visitation resuming immediately.  His reply, "I know it's no small comfort with what's taking place right now, regarding your visitation, turns to the Mother and point blank ask her has it been 4 months that you have refused the father visitation, she very proudly states that yes she has".  The Judge then says, "I realize this probably will not mean anything to you right now, should you choose to deny visitation between now and your next court hearing, you do so at  your own peril".  Not sure, what that's suppose to mean, other than just another empty threat from the Judge, based on what happen that day.

The drama doesn't end there, we're dismissed from the court room, I'm putting my paperwork back in bag, still in the courtroom and noticed someone is yelling outside in the hallway, I walk out to see and hear the Mother yelling and sticking her fingers inches from my wife's face, as she's just asking her about us talking with the boys before they leave and can't we work something out.

The Mother yells back at her, saying nothing is going to happen until your husband admits he has a problem, referring to the child abuse once again, and add's that my wife's not blood to them anyway, and walks off.   During the confrontation with the Mother, twice the bailiff had to approach the Mother to calm down and walk away.  This all taking place in front of my wife's family, our Rabbi, the case worker, and our children.  My wife ended up going into tears, she was never confrontational the entire time, she just wanted to talk.

The Case Worker immediately approached me, and strongly suggested that I initiate a subpoena for him to testify on Jan 20th, on my behalf.  He told me anyone can see there isn't any abuse taking place, and that it's more of a discipline issue, where "I'm strict and she doesn't do anything", and that's why the boys do what they want.

1.  Question: The following day, I initiated another "petition for Contempt" due to denial of visitation (now 4 months, including Thanksgiving Day Holiday), and this time, in the "details of denial" I stated,  "Defendant continues to violate standing court order for over 4months, in light of the findings and verdict, that was rendered from two previous motions (Nov 18th and Dec 7th), and the willful, deliberate discounting of recommendations made, regarding visitation resuming immediately, from Judge Xxxxx and Master Xxxx." In the remarks section for further relief, I stated, "That this Honorable Court pass an order finding the Defendant in contempt and that custody of the minor children be granted to the Plaintiff".   I'm hoping, given the circumstances, that this would be an option considered by the Judge, compared to my previous contempt motion, of just requesting visitation to resume and checking off jail time?

2.  Question: Given that the temp protective order (Nov 18th) was dismissed due to the case worker's determination / written report, and insufficient evidence, can she still legally reference this in someway or during a cross-examination of myself, should I be called to the witness stand (expecting that I will be)?  Part of the reason I'm even asking, is because I'll still be Pro Se, like the Mother was during this hearing and probably for the one in Jan 20, 2006.  I'm also expecting the Mother to pull out every dirty little trick in the book, once she receives the "amended" contempt of court motion and reads my requestiing a "reversal of custody".

3.  Question:  Given that the case worker is willing to testify, shouldn't this diminish her ability to try and use anything during the Jan 20th hearing as a means to further deny my visitation?  Even though that same Judge (Nov 18th) strongly recommended to her, that my visitation should resume immediately before we were dismissed from the court room?

4.  Question:  The case worker was present in the hallway during the Nov 18th hearing, when I asked the Mother about resuming visitation,  she turned and yelled "you can go to hell", to include witnessing the tail end of her sticking her finger in my wife's face with the bailiff present, during the Dec 7th hearing.  I would like to know, how would you frame questions directed to the Mother in such a way, hoping that she would hang herself?  The purpose of the case worker initially showing up, was to testify what she said and did the last time in the hallway (Nov 18th).  I want to demonstrate the lack of consideration towards my wife, not to mention, yet another great example demonstrated in front of the children, how it's okay for the Mother, to say or do whatever she wants without being held accountable..!

5.  Question:  Any other comments or recommendations, greatly appreciated..!!!

Thanks...



   

socrateaser

These are pretty complex "questions." Try to separate the facts from the questions, ok? I can't speed read this sort of paragraph.

>1.  Question: The following day, I initiated another "petition
>for Contempt" due to denial of visitation (now 4 months,
>including Thanksgiving Day Holiday), and this time, in the
>"details of denial" I stated,  "Defendant continues to violate
>standing court order for over 4months, in light of the
>findings and verdict, that was rendered from two previous
>motions (Nov 18th and Dec 7th), and the willful, deliberate
>discounting of recommendations made, regarding visitation
>resuming immediately, from Judge Xxxxx and Master Xxxx." In
>the remarks section for further relief, I stated, "That this
>Honorable Court pass an order finding the Defendant in
>contempt and that custody of the minor children be granted to
>the Plaintiff".   I'm hoping, given the circumstances, that
>this would be an option considered by the Judge, compared to
>my previous contempt motion, of just requesting visitation to
>resume and checking off jail time?

A reversal of custody is possible, but about as likely as a winning Powerball(r) ticket.

>
>2.  Question: Given that the temp protective order (Nov 18th)
>was dismissed due to the case worker's determination / written
>report, and insufficient evidence, can she still legally
>reference this in someway or during a cross-examination of
>myself, should I be called to the witness stand (expecting
>that I will be)?  Part of the reason I'm even asking, is
>because I'll still be Pro Se, like the Mother was during this
>hearing and probably for the one in Jan 20, 2006.  I'm also
>expecting the Mother to pull out every dirty little trick in
>the book, once she receives the "amended" contempt of court
>motion and reads my requestiing a "reversal of custody".

You say: "Your Honor, I respectfully object on grounds of relevancy and prejudice. That matter was dismissed for lack of evidence."

>3.  Question:  Given that the case worker is willing to
>testify, shouldn't this diminish her ability to try and use
>anything during the Jan 20th hearing as a means to further
>deny my visitation?  Even though that same Judge (Nov 18th)
>strongly recommended to her, that my visitation should resume
>immediately before we were dismissed from the court room?

I doubt you'll need to do more than object to any reference to the prior TRO.

>
>4.  Question:  The case worker was present in the hallway
>during the Nov 18th hearing, when I asked the Mother about
>resuming visitation,  she turned and yelled "you can go to
>hell", to include witnessing the tail end of her sticking her
>finger in my wife's face with the bailiff present, during the
>Dec 7th hearing.  I would like to know, how would you frame
>questions directed to the Mother in such a way, hoping that
>she would hang herself?  The purpose of the case worker
>initially showing up, was to testify what she said and did the
>last time in the hallway (Nov 18th).  I want to demonstrate
>the lack of consideration towards my wife, not to mention, yet
>another great example demonstrated in front of the children,
>how it's okay for the Mother, to say or do whatever she wants
>without being held accountable..!

Q: Do you remember the argument that took place right after our 11/18/05 hearing, between yourself and my wife in the hallway of the courthouse?

A: (if she says yes, then you move on; if she says no, then you can point to the case worker and tell her that she's under oath and that the case worker is prepared to testify to the events that took place in the hallway; if she starts whining, you just let her go, and then say: "Your Honor, the witness is non-responsive. Will the court please instruct the witness to answer the question either yes or no?). Assuming yes, then...

Q: Do you remember that our children were present?

A: (deal with same as above). Assuming yes, then...

Q: Do you think that it's in the children's best interests that they be exposed to your berating my wife in public? (this is technically "argumentative," and objectionable, but if she doesn't have an attorney, then it's a great question; if she does, and lawyer objects, then you rephrase the same question only replace "berating" with "arguing with"). Assuming yes, then...

A: (you say, "Really? No further questions, your honor," or, move on to some other topic). if "no", then...

Q: Then why did you start shouting at my wife?

(This could go on for a long time, depending upon her answers, so you'll have to take it from here).

>
>5.  Question:  Any other comments or recommendations, greatly
>appreciated..!!!

The master knows that your ex is on the ropes, and that she's screwing herself over, thus his comments about "at your peril." Just keep on the "high road." It's got to be about the kid's best interests, not about you trying to get your ex to "hang herself."

PS. If you're planning on examining your ex during a contempt hearing, don't forget, that your ex cannot be compelled to testify against herself, and the judge will remind her of that before the hearing begins.

SFMedic

Dear Soc,

I wanted to ask a few questions for clarification purposes, based on the ending comments you made from my last reply:

>The master knows that your ex is on the ropes, and that she's >screwing herself over, thus his comments about "at your peril." Just >keep on the "high road." It's got to be about the kid's best interests, >not about you trying to get your ex to "hang herself."

>PS. If you're planning on examining your ex during a contempt >hearing, don't forget, that your ex cannot be compelled to testify >against herself, and the judge will remind her of that before the >hearing begins.

1.  Question:  Just so I understand the above comments, are you saying that I cannot call the Mother to the witness stand, or I can, but she can pick and choose what she may respond to or answer?

2.  Question:  Could excerpts from court room transcripts be used as evidence against the Mother, of where the Mother stated and admitted to being in contempt of court and deliberately denying visitation?  She's done nothing but make a mockery of the court both times she's appeared.

3.  Question:  Sometime this evening the Mother will be contacted by someone on my behalf, to set up a weekend of visitation with the children, if she refuses, how would I best frame this as a statement to the Judge or question to the Mother?  This is being done with the hope of being able to have visitation with the children during the X-mas holiday, per the standing court order from Dec 26 thru 2 Jan 06.


An FYI, I still plan to represent myself Pro Se when we return to court on Jan 20, 2006, and I assume the Mother will be as well.

I realize you always stress the importance of doing everything with the "best interest of the children in mind".  How is it in the children's best interest, to not have their Father involved in their lives anymore because the Mother's actions are preventing this from taking place.

I stated in my previous reply, how I was trying to have the mother hang herself, she's not playing fair and has no intentions of allowing my wife and me of ever meeting with the children again face to face.  Short of us possibly seeing them later during some after school sporting event.

This entire situation has become so frustrating, especially for my wife and our 4 month old daughter, where she thought we would be one big happy extended family, not all this chaos and mayhem, that has taken away from the happiness she deserves as a first time Mom.  I feel so guilty and torn knowing this is taking place because of me.

Thanks....



socrateaser

>1.  Question:  Just so I understand the above comments, are
>you saying that I cannot call the Mother to the witness stand,
>or I can, but she can pick and choose what she may respond to
>or answer?

She cannot be compelled to take the witness stand, but if she chooses to testify about anything, then she must answer all questions, except for questions related to some other crime, for which she is not currently on trial.

>2.  Question:  Could excerpts from court room transcripts be
>used as evidence against the Mother, of where the Mother
>stated and admitted to being in contempt of court and
>deliberately denying visitation?  She's done nothing but make
>a mockery of the court both times she's appeared.

Yes, they can be used, because they are independent prior testimony. However, the fact that a person may have said something like, "I know I'm in contempt, but I don't care," doesn't necessarily mean that their admission is actually proof of their contempt. Example: a person could mistakenly say that they stole a hotdog, only to discover that they had inadvertantly forgotten to take the object of the theft, by picking up an empty box instead (that person could be charged with attempted, but not actual theft.

>3.  Question:  Sometime this evening the Mother will be
>contacted by someone on my behalf, to set up a weekend of
>visitation with the children, if she refuses, how would I best
>frame this as a statement to the Judge or question to the
>Mother?  This is being done with the hope of being able to
>have visitation with the children during the X-mas holiday,
>per the standing court order from Dec 26 thru 2 Jan 06.

You would need to put that person on the stand and ask them questions that would show that they attempted to arrange the visitation on your behalf and were refused. If you try to testify to this, your statements about what the other person said or did, will be held inadmissible hearsay, under the confrontation clause, unless you were actually perceiving the conversation as it occured, and assuming that your eavesdropping was accomplished legally.

>I realize you always stress the importance of doing everything
>with the "best interest of the children in mind".  How is it
>in the children's best interest, to not have their Father
>involved in their lives anymore because the Mother's actions
>are preventing this from taking place.

The point is that you don't want to tell the judge, "My rights are being violated." You want to say, "My kids are being deprived the opportunity to have a meaningful relationship with their father, because of their mother's actions."

This is not just political correctness. You want to send the message that your kids' interests are more important to you than are your own, and that the mother is putting her interests ahead of her kids'.

>This entire situation has become so frustrating, especially
>for my wife and our 4 month old daughter, where she thought we
>would be one big happy extended family, not all this chaos and
>mayhem, that has taken away from the happiness she deserves as
>a first time Mom.  I feel so guilty and torn knowing this is
>taking place because of me.

The above is an example of a mistake that you should not make in front of a judge. Your interest is in your children from the former relationship, not in your children from the current one. It's not that they or your new wife aren't important. Rather, they are irrelevant to the judge making any legal decisions regarding you, your ex and your kids of that relationships.

Don't try to play one relationship off on the other, because most judges are relatively conservative, and usually haven't suffered a divorce of their own, so they don't necessarily "get" the problem that you face. The judge may secretly even think that people who are divorced are inferior to people who haven't been divorced.

Point being that you shouldn't gamble on a potential prejudice that may or may not exist. Better to avoid the gamble entirely.

SFMedic

Dear Soc,

Thanks once again for the reply.  The statement below, was just that,
nothing more than a statement.  I was just describing where things are from my end, the Mrs. is about ready to through in the towel, feeling that we are just getting the short end of the stick, and the mother is walking away scott free, at least for the moment anyway.

>This entire situation has become so frustrating, especially
>for my wife and our 4 month old daughter, where she thought we
>would be one big happy extended family, not all this chaos and
>mayhem, that has taken away from the happiness she deserves as
>a first time Mom. I feel so guilty and torn knowing this is
>taking place because of me.

1.  Question:  So when I ask the Mother to take the witness stand, all she has to do is say that she refuses to do so, and that's the end of it, unless she's willing and wanting to?  If she does, then it's an all or nothing situation at that point?

2.  Question:  I still can't figure out why the Master separated the two motions instead of keeping them combined so they could both be dealt with on Jan 20th, instead of having to come back on Apr 25th, seems like a waste of time, especially if the Mother continues to deny visitation up until that period of time.

Thanks...

socrateaser

>1.  Question:  So when I ask the Mother to take the witness
>stand, all she has to do is say that she refuses to do so, and
>that's the end of it, unless she's willing and wanting to?  If
>she does, then it's an all or nothing situation at that
>point?

You cannot even call her to testify, so don't, because it will annoy the judge. She must volunteer to testify in her own defense first, and then only then can you cross-examine her.

However, if both of you are not represented by counsel, listen carefully to how she makes out her defense, because if she does something more than argue the law or introduce other witnesses, evidence, or cross-exaimine you, then at the moment that she actually testifies to something from her own personal knowledge or opinion, then she has waived her 5th Amendment Rights and you can cross-examine. After she makes this first statement, you should interrupt with something like, "Pardon me your honor, but I believe that the defendant has just testified to something of her own personal knowledge, and I ask the court to take notice that she has thereby waived her Constitutional right to refuse to submit to examination."

If this happens, your ex will get very nervous, because she won't understand but she'll know she's really !@#$%^ up.

>
>2.  Question:  I still can't figure out why the Master
>separated the two motions instead of keeping them combined so
>they could both be dealt with on Jan 20th, instead of having
>to come back on Apr 25th, seems like a waste of time,
>especially if the Mother continues to deny visitation up until
>that period of time.

You expect me to remember what the two motions are, and I don't, but if one is a contempt motion and the other is for something else, the reason is that contempt is a CRIMINAL action, and everything else is civil. The rules are totally different, so it's just and appropriate to separate the two motions.

SFMedic

Dear Soc,

>You expect me to remember what the two motions are, and I don't,
>but if one is a contempt motion and the other is for something else, >the reason is that contempt is a CRIMINAL action, and everything else >is civil. The rules are totally different, so it's just and appropriate to >separate the two motions.

My apologies, the two motions in question are regarding

"Enforcement and Modification" of the existing court order and the "Contempt of Court" motion.  Both motions were initially combined
together by a Judge, prior to when I was present for the Dec 7th pre-trial conference, then of course the "Master" presiding over that hearing separated the two motions.

The Contempt of Court is to be heard on Jan 20, 2006 and the Enforce and Modify will be on Apr 25, 2006.

Thanks....