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Forced to go Pro Se.... seeking basic info

Started by CDAN99, Sep 11, 2006, 05:56:17 PM

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CDAN99

Hello Socrateaser,

I will try to be brief.
Background: I am a NCP without any custody or visitation who is doing whatever is asked by the Court in order to have some sort of relationship with my kids. I have been kept away and alienated from them for many years through a TRO which has been extended 'until further notice' even though it is without merit or evidence. Perhaps you might remember me? Anyway, in the course of the last year I have been forced to spend additional $$$ to hire more court appointed cronies which are supposed to evaluate me and tell the court if it is in the best interest of the children for them to have a relationship with their father (me).

I had to let my last attorney go recently due to $$$ issues. There is still a no contact order in place for the ex and kids used against me which the judge refuses to lift. I just am trying to get some basic info about my kids, nothing earth shattering so I wrote a letter to my ex's attorney. I kindly asked him for the children's current home address, school name & address, and teachers' names. I have a court order for the all the info I requested except their current home address. I didn't think I would need a court order for that info since it is basic and fundamental info that every parent has the right to know. I don't know any other parent who needs a court order for that info. Do you?

The response I got from my ex's attorney is as follows....

I am in receipt of your letter of .... Please note, the information as to their (my children's) address is NOT part of any Court Order, so do not try to be sly. Secondly, you are well aware of the school name and address, etc., because you have been by the school, and that was previously addressed with the Court (that was last year but what about this year? I called the school and was told that one of children is not enrolled there).

Take notice, that I will not be made to answer frivilous correspondence (since when is a request for basic info about my own children frivilous?) or motions by you (none made), that are not part and parcel of court orders or the court rules (not sure what he is getting at here).  I would strongly suggest that you either retain another attorney (impossible), or abide by the rules (what rule is he talking about?), because if this is going to be your course of conduct, I will request Court sanctions against (sanctions for what?). You are not going to play games with me or my client, under any circumstances (Since when is a father asking for basic fundamental info and court ordered info about his children a game?).

Socrateaser, what should I do next? Should I write my ex's attorney another letter? I think my ex recently moved. I pay most of their bills and insurance as well. Do I have the right to know where my children live as well? If so, how should I go about finding this out?

TIA.
cdan99

socrateaser

>Socrateaser, what should I do next? Should I write my ex's
>attorney another letter? I think my ex recently moved. I pay
>most of their bills and insurance as well. Do I have the right
>to know where my children live as well? If so, how should I go
>about finding this out?

If there's a no contact order between you and the other parent/kids, then that pretty much presumes that you will not be permitted to know the address where they reside. If you think you should be entitled, then file a clarification motion with the court for an order requiring the other parent to provide the info.

CDAN99

OK, so technically I have no or few rights due to the TRO. But I still have a current order stating that my ex shall provide me with all the necessary info available so that I can access the children's school and medical records. She still won't give me that info so do ask her attorney again even though I am being threatened by him? Or do I file something in court? If I knew where my children lived, I might have been able to figure out where they go to school and researched those records myself.
TIA again,
CDAN99

socrateaser

>OK, so technically I have no or few rights due to the TRO.
>But I still have a current order stating that my ex shall
>provide me with all the necessary info available so that I can
>access the children's school and medical records. She still
>won't give me that info so do ask her attorney again even
>though I am being threatened by him? Or do I file something in
>court? If I knew where my children lived, I might have been
>able to figure out where they go to school and researched
>those records myself.
>TIA again,
>CDAN99

The school records will contain the childrens' and your ex's address. So, you're not gonna get anything this way. You need to file a motion with the court requesting that the school provide you with the info, with the addresses redacted. Or, you could try to get the TRO lifted. I don't know/remember the details of your case, so I can't say what sort of success you might have.