I would like to fax a letter requesting parenting time over memorial day weekend to my wife's attorney.
Is there anything "special" that I should say in the letter or just ask for the weekend?
This is what I am thinking:
I am requesting parenting time over Memorial Day weekend. I propose the following schedule:
Father will pick up child from mother's residence by 7pm May 27.
Mother will pick up child from Father's residence by 7pm May 30.
Please contact me by May 18 at 5pm so I can make my necessary travel arraignments.
I've rewritten your letter, but here's the deal. You need to be read and able to act when the other party fails to accomodate you, otherwise, all of this is just a waste of resources (mine, and yours). So, if you're not able to take off work and go to Spokane and seek emergency relief, then all of this is just begging, and pretty quick, your opponent will realize that he/she can ignore you. Letter follows:
Dear, attorney:
I would very much like to spend time with my son over Memorial Day weekend, as I have not seen him since ??/??/200?. Will you please ask Ms. X if she will agree to drop the restraining order so as to allow me the following exercise of custody:
I will pick up child from mother's residence no later than 7pm May
>27.
Ms. X will pick up child from my residence no later than 7pm May
>30.
I believe that the above arrangement is entirely reasonable under the circumstances. As time is running short, if I do not receive a positive response by 5PM, 05/19/05, I will assume that your client does not wish to cooperate in this matter, and I will seek an emergency order to obtain the visitation.
If you have any questions or concerns, please do not hesistate to contact me immediately.
Sincerely,
Thank you!
I have a good career and a position that allows me to take off work when needed (I'm salary) and a desire to do what is right for my son. I assure you that I won't waste anyones time. I am very thankful for the help you have been providing!!!!
http://www.spokanecounty.org/superiorcourt/sc/pdf/ExParteNoteForHrg.pdf
I am preparing the motion for the emergency hearing in case I don't hear back. This is the form that I received in the mail from my wife's attorney when he scheduled the default hearing.
I have made arrangements to be in Spokan all of next week if necessary.
There doesn't really seem to be an applicable form for what you really want to do, however the most applicable that I can find is:
http://www.courts.wa.gov/forms/forms_word6/uh9_030.doc
Now, before we go further, I need to know where you're at with all of your other filings, before we take the next step, so:
What motions have already been filed by you or your spouse, and when is each set for hearing?
I just sent you a link with information on the activity to-date but to summarize:
Original Motion was in Feb. (TRO, Dissolution, parenting plan)
Motion to determine jurisdiction filed in March
Motion for stay/dismissal in March
Several objections and motions in limine
A jurisdicational hearing was held in April
Motion for default filed in May
Motion to dismiss filed in May (I asked to bifurcate the custody matter and the dissolution)
I filed a motion and declaration for a temp parenting plan in May
I filed the motion to show cause that I emailed to you.
There aren't any hearings that I see on the calendar as of today although I just asked for one for June 3.
OK, if you've already filed that show cause for a set aside, then you have something in front of the court, but there was no hearing set. It probably should have been an ordinary motion, but the judge may let it slide. Anyway, you need to call the family law clerk, and/or the judge's assistant, and find out what you need to do in order to get a hearing set on that motion prior to Memorial Day. You may need to file a separate motion to expedite the hearing date, or perhaps the form dismissal motion that I pointed you to eariler.
The clerks may or may not be cooperative. Be nice, but don't act stupid, either. If they think you don't have a clue, they will blow you off. On the other hand, if you try to be an attorney and you miscommunicate, they will blow you off for that, too. It's a fine line.
The clerk's control the judge's calendar, unless the judge sets a hearing date in the courtroom during a prior hearing, so your ability to get the clerks'/assistants's cooperation is a big deal in representing yourself.
I've spoken to the clerk and she was very helpful. She said that the hearing should show up on the calendar by tomorrow. It will show up as June 3 and I didn't ask about moving it up (hadn't seen your reply yet).
She suggested one option was to show up in person and try to get an ex parte hearing. She then let me know that I should stop by the family law facilitator's office.
I've started getting things ready for "my side" of things. This is what I have as evidence:
A petition for dissolution in another state that she filled out (never filed) and sent to me a couple of months before she sent the WA ones. In the paper she checked the box that says there was never a history (reported of not) of any DV. She then signed the page. She is now claiming that she didn't check the box but she did sign it. She is claiming that I checked the box after getting the papers. The papers are exactly as I received them
Two weeks (I hadn't been served yet) after filing for the TRO she was still having our son call me. This is backed up by her call log that she included in her follow-up declaration.
Everything else is "he-said, she-said".
Everything you're collecting is meaningless. You need to read the affidavit in support of the TRO and decide what you can prove false. That is ALL that matters to get the TRO set aside. Send me the TRO and her supporting affidavit or post the text here without naming names.
I'll look and see if there is something specific in the TRO but I believe it was all part of her 10 page declaration. I have responded to her declarations with my own disputing, offering evidence against what she has said, and denying her alegations.
Do I need to include declarations specific to the TRO or will my past ones suffice?
Her accusations in the TRO include the following:
I controlled her by installing camera's and automatic locks on the house.
I take medication for bi polar disorder
I kidnapped my ex-wife and spent time in prison for it
I assulted her ex-husband
I said I was going to kill myself in front of her
I said I was going to make her life miserable
she is afraid that I will kidnap her and our son
(deleted by moderator for privacy concerns)
That's about it!
Rule #1 in life. Never admit anything in writing. Someone who is not your friend may be watching you here, so I am deleting that part of your last post. Now:
1. Get letter(s) from primary physicians stating that he/she has never prescribed antidepressants to you during the past X years.
2. Contact Sheriff's office and see if you can get them to give you a "rap sheet" on yourself. If it's clean then that would completely controvert your spouse's allegations.
The rest of the allegations are he-said, she-said, and hearsay, unless your spouse's ex husband intends to show up and testify that you kicked his car. Your objective is to demonstrate credibly that your spouse falsified her affidavit in some major way. The bi-polar lie and the law enforcement lie would do that, and more -- if you can credibly demonstrate them as both being false, then you could get your spouse thrown in jail for quite a few days, because lying on a anti-harrassment TRO affidavit is a BIG deal.
Now, the last question is, how have you responded to the TRO, or have you already sent that to me? If not, then I need to see what you already said. You may want to submit a supplemental affidavit.
I responded to her allegations by demanding that they produce evidence of any conviction in any court of the country and denying all kidnaping and incarceration allegations.
Her ex wrote a declaration stating that I kicked his car (12-years ago).
My Dr. wrote a declaration stating that I was on no medication that would inhibit my ability to be an effective parent.
I responded to everything during the jurisdictional arguments because they were originally saying that WA had jurisdiction due to an emergency situation.
I don't think any of this was directly in reply to the TRO just jurisdiction. In her TRO declaration she states that her declaration is incorporated by reference.
I have included a lengthy declaration with my Motion for temp parenting plan that disputes her TRO allegations.
>I responded to her allegations by demanding that they produce
>evidence of any conviction in any court of the country and
>denying all kidnaping and incarceration allegations.
>
>Her ex wrote a declaration stating that I kicked his car
>(12-years ago).
>
>My Dr. wrote a declaration stating that I was on no medication
>that would inhibit my ability to be an effective parent.
>
>I responded to everything during the jurisdictional arguments
>because they were originally saying that WA had jurisdiction
>due to an emergency situation.
>
>I don't think any of this was directly in reply to the TRO
>just jurisdiction. In her TRO declaration she states that her
>declaration is incorporated by reference.
>
>I have included a lengthy declaration with my Motion for temp
>parenting plan that disputes her TRO allegations.
Thoughts:
Any evidence offered in the jurisdictional dispute can be offerred again later, if it goes to prove an issue before the court that was not previously decided on its merits. So, since jurisdiction is off the table, the same evidence, if relevant, can be offered in support of, or to oppose the TRO.
Kicking the car 12 years ago with no other subsequent, similar aggressive behavior weighs more in your favor than against you.
Your description of the doctor's declaration does not actually refute your spouse's allegations that you are diagonsed bi-polar, however it does suggest that the doctor doesn't find your condition to be unmanageble or a danger to the child, which is what is actually at issue re custody/visitation.
I'll continue to assume that you have never been convicted of a crime for which you served a sentence of imprisonment. If you get a conviction report from law enforcement confirming that your spouse lied about this issue, then she may find herself convicted of a crime and you will likely be awarded temporary custody.
PS. Please start another thread.