Soc,
Court order of 2003 stated both parties shall enter into mediation for parenting issues for a period of 2 years, unless either parent requests provisions otherwise.
BM has refused to allow and discuss parenting issues such as time with BF and failed to abide by the mediators verbal orders (the court gave him limited power to make orders although he has refused to commit this to writing). BM has been found in contempt for visitation, for failing to produce information to the court under a compel order and for failing to proivide accurate information to the childs physicians and school.
BF asked BM numerous times via, letters, certified mail, and phone to contact the mediator to set up a session to resolve parenting issues prior to BF being deined additional time and summer vacation. BM stated on 2 occasions that she would and failed to do so (this is in letter and in taped conversation).
MEdiatior sent her a letter and left 2 VM for her -she refused to acknowledge or return correspondence of mediator. Per the Mediators suggestion BF (I represent myself) sent BM counsel certified letter and attached mediators letter. BM still refused to commit to mediation.
PEr the mediator - BM filed a MOtion to the court and attached mediator's letter asking the court to extend the mediation sessions due to the current contract being up and to order BM to contact BF, mediator and set up and confirm a session in 1 week. COurt granted BF order and extended the mediators term and ordered BM to set up a session.
To date BM has refused to contact either mediator or BF to work on a session time.
I am not sure how to proceed next. I represent myself and BM has a high powered attorney.
1. what is your suggestion on how to prooceed?
2. What would have the greatest impact to show the judge her refusal to communicate, I also have letters from her stating that if I email her she will file charges on me, and her last email to me (yes she can email me but I can not email her!) said that child had a function and instead of giving me the location and phone contact info she said to get a map from mapquest and look at last years roster for the address and phone of the person who is hosting function.
3. How much time past the one week should I give her, I was thinking an additional week to allow for the order to reach her attorney via mail, and to show that I can be reasonable.
Thanks in advance.
>1. what is your suggestion on how to prooceed?
Motion for contempt and for sole custody on grounds that the other parent routinely violates the courts prior orders in an effort to intentionally frustrate your access to the child. If you can prove your claims and the mediator will testify to those claims then you should be able to get the other parent confined to an 8X8 room with a view of a toilet and a cot for a couple of weeks.
>2. What would have the greatest impact to show the judge her
>refusal to communicate, I also have letters from her stating
>that if I email her she will file charges on me, and her last
>email to me (yes she can email me but I can not email her!)
>said that child had a function and instead of giving me the
>location and phone contact info she said to get a map from
>mapquest and look at last years roster for the address and
>phone of the person who is hosting function.
The mediator's testimony, not about what has occurred during mediation, but as to the fact that the other parent has not acted in good faith by refusing to attend mediation or abide by the agreements made during mediation. The mediator can testify to these things even though he/she cannot testify to the statements made by either of you during any mediation session.
>3. How much time past the one week should I give her, I was
>thinking an additional week to allow for the order to reach
>her attorney via mail, and to show that I can be reasonable.
You need to decide whether or not you actually want to be reasonable. Based on what you've posted, I would be all done being reasonable, but maybe I'm misunderstanding the level of obstinance of your opponent. You can fax a copy of the order to the attorney today, and ask if he/she is aware of this and when he/she intends to file the motion. Or, you can just wait a couple of weeks and then file a motion for contempt, on grounds that the other parent is willfully and with conscious disregard, routinely violating the courts prior orders, and then see if you can get her assigned to an 8x8 room with no view.
It's up to you. Personally, if it were happening to me, I would be accumulating evidence of each count of contempt beyond reasonable doubt and then I'd file for both contempt and for sole custody, as it is obvious that the other parent will never cooperate in the child's best interests.
You really should think about hiring an attorney and going for the gold. Once again, this assumes that the weight of your evidence is as credible as you seem to suggest, and that the mediator can testify to the routine violations of the other parent. If so, then this is a pretty easy case to win. If not, then you'll just have to keep a low profile until either the other parent starts cooperating (unlikely) or you collect more compelling evidence.
Soc,
I can not find an attorney in such short notice, I plan on finding one in the next few weeks but due to financial limitations and an 11 year court history, it is not so easy to bring an attorney up to speed, but since the order states that BM has 7 days that are up this week, and since BM already has been fined for the court for failure to abide by the courts compel order, I prefer to get this on record somehow.
1. Would a Notice to the court regarding the BM's willful disreguard of the courts 2 orders put this all on record?
2. can you think of anything or something else in the interim to make the judge aware?
3. Could a judge do anything without a hearing to her such as haul her in?
Thanks in advance.
>1. Would a Notice to the court regarding the BM's willful
>disreguard of the courts 2 orders put this all on record?
The court isn't an evidence storage site. I doubt that the court clerk would let you file this sort of notice.
>2. can you think of anything or something else in the interim
>to make the judge aware?
Nope. You need to either plead your case, or not.
>
>3. Could a judge do anything without a hearing to her such as
>haul her in?
No, not unless the judge had already made orders explaining that he/she would do just that in the event that the parent continued to fail to obey the court orders.
Soc,
Spoke to the mediator today, he said that he had not heard from BM at all (now 3 days past order date) he prefers to give a few more days to compensate for US mail etc and will write a letter to us to include in a motion to the court. In that he is our mediator for the next few years, I prefer to remain on good terms with him then do a filing if it is necessary.
I went to the courthouse today to see the case summary and lo and behold BM has 3 additional suits against her. I wanted to ask your expretise to enlighten me on the following:
1. National Check Bureau Inc, do you know what this company is? I assumed it was for bad checks.
2. Target National Bank/Retailers national Bank - defaut on credit card? What is dismissed with prejudice mean?
3. American General FInancial Services INC, this is a loan company, default on the loan?
4. There is no attorney listed as representing her although she has one, would you assume that she neglected to tell him of the above?
5. I am concerned but would like another opionion of this, since her home is paid for as is her vehicle and she recently got a large sum of cash in the 5 digit range from myself, although my child is still being dressed in old worn clothing etc. DO I have reason to be concerned?
Thanks as always!
>1. National Check Bureau Inc, do you know what this company
>is? I assumed it was for bad checks.
I think so. Call them up and ask them who they are and what they do?
>2. Target National Bank/Retailers national Bank - defaut on
>credit card? What is dismissed with prejudice mean?
Means that there was a private settlement agreement and the case is permanently closed.
>3. American General FInancial Services INC, this is a loan
>company, default on the loan?
Probably.
>
>4. There is no attorney listed as representing her although
>she has one, would you assume that she neglected to tell him
>of the above?
Family law and contract law are different cases. In fact, her family law attorney would probably not want to be aware of any of these other issues, so that he/she couldn't be held to have had any negative knowledge of her client's possible inability to effectively manage her money.
>5. I am concerned but would like another opionion of this,
>since her home is paid for as is her vehicle and she recently
>got a large sum of cash in the 5 digit range from myself,
>although my child is still being dressed in old worn clothing
>etc. DO I have reason to be concerned?
I don't know. Lots of people simply tell creditors to "sue me," because they know that most creditors will just ding their credit report and never be able to get anything even if they get a judgment. All of this could be a sign that the person is about to declare bankruptcy and that their assets are completely wiped out by their liabilities.
Thanks for the info, I as well as so many others value your expertise and your answers.
1. With this new information and the fact that she has a contempt for failling to provide accurate information, a compel for failing to provide informaiton, and 2 court orders to mediation (and failure to do so) would this new information be beneficial to us in the next motion for her failure to abide by a court order and abide by other contracts and financial obligations?
2. What is the difference between Superior court and circuit court?
Again, thankx!
>Thanks for the info, I as well as so many others value your
>expertise and your answers.
>
>1. With this new information and the fact that she has a
>contempt for failling to provide accurate information, a
>compel for failing to provide informaiton, and 2 court orders
>to mediation (and failure to do so) would this new information
>be beneficial to us in the next motion for her failure to
>abide by a court order and abide by other contracts and
>financial obligations?
I don't see the relevance. Evidence of character is not generally admissible to prove conformance with newly alleged wrongful behavior. If there was evidence of misappropriating support, then this info might be relevant to show motive. But, otherwise I think you're barking up the wrong tree here.
>
>2. What is the difference between Superior court and circuit
>court?
Nomenclature for the court system is dependent upon the State jurisdiction. What State are we talking about here?
Indiana
Are the case files a matter of public record, in otherwise can I go in and ask to see the case file?
>Indiana
>
>Are the case files a matter of public record, in otherwise can
>I go in and ask to see the case file?
Superior Court is the general trial court; Circuit Court is the first appellate court above the Superior Court and below the Supreme Court of Indiana.
With very limited exceptions, all case files are public record. Just go to the court clerk file office and ask for the files.
>>Indiana
>>
>>Are the case files a matter of public record, in otherwise
>can
>>I go in and ask to see the case file?
>
>Superior Court is the general trial court; Circuit Court is
>the first appellate court above the Superior Court and below
>the Supreme Court of Indiana.
>
>With very limited exceptions, all case files are public
>record. Just go to the court clerk file office and ask for the
>files.
>
In my county, there are computers located in the court house that are specifically setup for walkup access by JQP (John Q Public), there are sheets located next to the pc's that give you instructions on how to look things up by name and/or cause number. Once you obtain these for the civil matters, and if curiousity strikes you, you can look up criminal stuff by name/address/partial names/aka's/pet names etc., always enlightening. This will give you cause numbers that you can then use to obtain copies (usually $1 per sheet - cash) of each report.
Thanks Hoosier friend, I already got to the computers where I found a BOATLOAD of info. I used to check this weekly but since wage garnishment I have had no recourse to visit the courthouse for any mater wahtsoever!
I can remember going in and asking for our case file and it was readily given to me, but I had wondered if I went in wiht teh Cause # and asked to see waht was happening I could, which I do believe I can and might be on a mission for such info in the next few days.
Makes one wonder where the 5 digit lump sum payment she got 16 mohts ago went, certailnly not ot the childs bank account I checked, and certainnly not to file for a reduction in CS since I continue to pay for day care that the child has not gone to in over 2 years, and for medical insurance that the child has not been covered in over 3 years. Seems like a lot of money going to places that are not easily seen..........Makes one wonder.