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Messages - giftedsanta

#1
Dear Socrateaser / RE: Court order after hearing
Feb 12, 2007, 11:38:14 AM
Many thanks for your responses.

My objections in this order would not change the Court's judgment and is not worthy of filing for Contempt. The previous time (two hearings before) it was. Previously, the opposing counsel wrote
the Court order in his favor and my previous attorney had rejected it.


1) Should I file the declaration stating the facts so that opposing
counsel would not repeat this kind of stuff in future?

2) Will this kind of manipulation worthy of filing a compliant with local bar association?
#2
Dear Socrateaser / RE: Court order after hearing
Feb 12, 2007, 11:38:14 AM
Many thanks for your responses.

My objections in this order would not change the Court's judgment and is not worthy of filing for Contempt. The previous time (two hearings before) it was. Previously, the opposing counsel wrote
the Court order in his favor and my previous attorney had rejected it.


1) Should I file the declaration stating the facts so that opposing
counsel would not repeat this kind of stuff in future?

2) Will this kind of manipulation worthy of filing a compliant with local bar association?
#3
Dear Socrateaser / Court order after hearing
Feb 09, 2007, 02:41:10 PM
The proceedings are in California.

Opposing Counsel sent a letter to the Court clerk mentioning that I did not respond to his letter dated December 15, 2006 containing the Court order after hearing. Then he got the Court order filed on January 31, 2007 without my signature.

Opposing Counsel did this in spite of me sending the following two letters

1) Letter dated December 19, 2006 stating that his request for my signature to be dated by November 24, 2006 was not reasonable.
2) Letter dated December 25, 2006 pointing out the corrections that have to be made in the Court order paperwork prepared by him before I sign it.

The Court clerk told me that there are no forms to file rejecting this order and suggested that I could file a declaration.

My questions are as follows:

1) What do you suggest I do in this situation?
2) I filed the current motion. Opposing party is the petitioner. Who
gets the chance to prepare the Court order after hearing typically?
#4
Dear Socrateaser / Child support and daycare
Feb 08, 2007, 02:01:41 PM
Parties live in California. Our child is in full-time daycare from 9AM-6PM, five days a week. Both the parents share the high daycare costs equally according to the Court order.

I have equal number of pickups from daycare in the evenings every month.  What I dont have is equal overnights/dropoff in the daycare. I am allowed to visit the child in daycare anytime.

My question is

1) Can the time spent in daycare be factored into the percentage
of parenting time calculation as no parenting time for both the parents?
#5
Dear Socrateaser / Mediation Questions
Feb 07, 2007, 11:33:43 AM
I am in a California mediator recommending county. I do not
have an attorney. I have joint physical/legal custody
with 20% parenting time. I have been asking for equal parenting
time from the start of divorce proceedings.

In all my hearings, the judge mostly went with the mediator's
recommendations.

In the last one year, mediator was saying that she would give
me more parenting time as time passes and we are moving towards
equal time. The mediator was saying that custody issues are
resolved through mediation and parties do not require attorneys for
custody disputes.

However in the last mediation, she told me that she would not
increase because of the "non cooperating parents" and we are
heading towards custody evaluation.

Both the parents work full time and our child is 3 yrs old.

My questions are as follows

1) Is "non cooperating parents" a valid reason for not giving me
more time? Any inputs on how to ask the judge for more time?
2) Can hiring another attorney improve my chances?
3) I heard custody evaluators typically do not change
the status quo. Should I try to opt for custody evaluation?
4) Should I request a replacement of mediator?

Thanks for your time, Dear Soc.
#6
Dear Socrateaser / RE: Reasonable argument
Nov 15, 2006, 10:45:25 AM
I got joint physical cusotdy in yesterdays's hearing with (>20%) time.

1) Is there any other options I have to get her charged for perjury charges, (I can prove some of her lies) and also collect damages for filing false allegations? I fear she would continue this way as long as she
gets away with filing false allegations.
#7
Dear Socrateaser / RE: Reasonable argument
Nov 13, 2006, 05:02:47 PM
Thanks for your responses, Soc. I have some more questions.

1) Do I need permission/order to take the child to a therapist during my time?
I am probably going to get (20%) joint physical custody in the next hearing. I had joint legal from the beginning.

2) Will filing a supplementary motion trying to prove, the mother had previously lied in her response to my child custody modification motion, help my case?

3) Can I file copies of supervised visitation/exchange reports, previous court hearing record along with my supplementary motion in order to prove that she lied.
#8
Dear Socrateaser / RE: Reasonable argument
Nov 15, 2006, 10:45:25 AM
I got joint physical cusotdy in yesterdays's hearing with (>20%) time.

1) Is there any other options I have to get her charged for perjury charges, (I can prove some of her lies) and also collect damages for filing false allegations? I fear she would continue this way as long as she
gets away with filing false allegations.
#9
Dear Socrateaser / RE: Reasonable argument
Nov 13, 2006, 05:02:47 PM
Thanks for your responses, Soc. I have some more questions.

1) Do I need permission/order to take the child to a therapist during my time?
I am probably going to get (20%) joint physical custody in the next hearing. I had joint legal from the beginning.

2) Will filing a supplementary motion trying to prove, the mother had previously lied in her response to my child custody modification motion, help my case?

3) Can I file copies of supervised visitation/exchange reports, previous court hearing record along with my supplementary motion in order to prove that she lied.
#10
Dear Socrateaser / Reasonable argument
Nov 13, 2006, 02:40:58 PM
Dear Socrateaser,

I am a NCP father in CA.  Custody rights were taken away from me when TRO was filed with false allegation by stbx. The TRO was dissolved after two court hearings.

I came out of supervised visitations, supervised exchanges with
good reports. Now, I see my child three times a week with no overnights. I had been asking for equal custody right from the beginning. Both the parents work full time.

Now I have fired my attorney and representing myself.

The court mediator told me, that if things go well,  I would be getting
equal time by the end of next year. Our child is 3 years old.

What would be a reasonable argument for asking the judge to expedite
this process in the next hearing. I feel it is ridculous to go from 0% to 50% in two long years.