I heard from my wife's attorney before the 5pm deadline and he assured me that we could reach a deal. He told me that he just found out that my wife wasn't allowing me to even speak to our son and he didn't approve of that at all.
I called him this morning to ask if I was going to be able to have parenting time over Memorial Day weekend and he said that my wife said she wasn't going to let me see or speak with our son until permanent orders are in place. He wanted me to come to his office on Monday to sign papers and go to the court and finalize everything.
I asked if it included me being allowed to see my son over the weekend and he said "no".
I said that wasn't exceptable and I would seek an emergecy order.
He then told me that he was going to check his calendar and get back to me on a time I could depose my wife.
I'm heading to Spokane on Sunday and plan to be there the entire week. Any help I can get on how to get an emergency order would be appreciated!!!
If you're relating the facts objectively, then it actually appears that opposing counsel is on your side. It appears that you're going to have to do something a little "between the cracks," in order to get in front of an ex parte judge. I need to look at the WA court forms one more time, but we may need to create a more appropriate motion from scratch. I need to think about it for a day.
However, I need you to email me the exact text of the original affidavit that your spouse used to obtain the TRO. I can't knock down your opponent's argument without knowing what it is.
He came right out and said that he wants me to know that he doesn't agree at all in me not being allowed to speak with my son.
Thank you!
Do you want her declaration that was referenced in the TRO affidavit too?
I heard from my wife's attorney before the 5pm deadline and he assured me that we could reach a deal. He told me that he just found out that my wife wasn't allowing me to even speak to our son and he didn't approve of that at all.
I called him this morning to ask if I was going to be able to have parenting time over Memorial Day weekend and he said that my wife said she wasn't going to let me see or speak with our son until permanent orders are in place. He wanted me to come to his office on Monday to sign papers and go to the court and finalize everything.
I asked if it included me being allowed to see my son over the weekend and he said "no".
I said that wasn't exceptable and I would seek an emergecy order.
He then told me that he was going to check his calendar and get back to me on a time I could depose my wife.
I'm heading to Spokane on Sunday and plan to be there the entire week. Any help I can get on how to get an emergency order would be appreciated!!!
If you're relating the facts objectively, then it actually appears that opposing counsel is on your side. It appears that you're going to have to do something a little "between the cracks," in order to get in front of an ex parte judge. I need to look at the WA court forms one more time, but we may need to create a more appropriate motion from scratch. I need to think about it for a day.
However, I need you to email me the exact text of the original affidavit that your spouse used to obtain the TRO. I can't knock down your opponent's argument without knowing what it is.
He came right out and said that he wants me to know that he doesn't agree at all in me not being allowed to speak with my son.
Thank you!
Do you want her declaration that was referenced in the TRO affidavit too?
.
I just got a call from the Court Clerk letting me know that the judge signed the OSC and I have a hearing on the 3rd.
In light of this, would it be better to prepare for that hearing and show the denial of visitation that has just took place?
>I just got a call from the Court Clerk letting me know that
>the judge signed the OSC and I have a hearing on the 3rd.
>
>In light of this, would it be better to prepare for that
>hearing and show the denial of visitation that has just took
>place?
To be clear, there hasn't been a denial of visitation. You are restrained from seeing the kids, so your spouse is within her legal rights. It's up to you to try to get a different outcome. However, it may be more efficient to wait until the 3rd for the hearing, and right now, to send a letter to opposing counsel requesting that his client stipulate to drop the restraining order to the extent that it will permit you to see your son over the holiday weekend, and that if she refuses, without any reasonable grounds, that her using the order for a purpose other than for what it was designed, may weigh heavily against her at the June 3rd hearing.
The idea is to get her attorney to explain to her that she may be shooting herself in the foot. Ordinarily, I'd say, don't waste your energy and just try to get an emergency hearing next week, but it seems that opposing counsel is not very pleased with his client's unreasonable positions, so this is another possible tack. If you have all the time in the world, then you could do both, but, I'm just giving you the option, in case you feel like saving next week's trip to Spokane.
He told me the reason she won't let me see him over the holiday was because they had plans. As far as seeing him any other time, he said she is refusing until there is a permanent order (divorce is final) in place.
>He told me the reason she won't let me see him over the
>holiday was because they had plans. As far as seeing him any
>other time, he said she is refusing until there is a permanent
>order (divorce is final) in place.
This is what I would write in response:
Dear Mr. ATTORNEY:
Per our phone conversation on ??/??/????, you have communicated that Ms. X is not willing to permit me to see my son until our divorce is final. As I'm certain you are aware, but for the benfit of your client, the standard for maintaining the Temporary Restraining Order TRO currently preventing me from exercising any custody of my son is the likelihood of the restrained party causing irreparable harm.
I would appreciate it if you will try to convince Ms. X to stipulate to limiting the restraining order in such a manner that will permit me to see my son during the Memorial Day holiday. If I she refuses, then I may be forced to seek an emergency hearing next week to have the TRO dismissed or modified, on grounds that your client has intentionally misrepresented the likelihood of irreparable harm to the court, for the rather untoward purpose of frustrating my exercise of custody.
In any event, I will certainly bring this matter to the court's attention at the June 3rd hearing, and I doubt that the court will be pleased with your client's actions in this regard.
If you have any questions or concerns, please do not hesitate to contact me immediately.
Sincerely,
thank you, I just faxed it.