Messages

Good for you!

We are in Florida - so any words on how things work here would be great. I was thinking of posting an ad somewhere to see if anyone could let us know what they went through in local courts.

As for the kids.. they are 14 & 11. 14yo wrote a letter to the court stating she wanted to make the move back with BM. It seems she may have changed her mind now that she has been back with DH for a month. But we are not asking so as not to preasure her.

This hearing is for DH vs BM. Could I be the one who helps & asks him questions? It would really be great if he could do the statement thing & I could stay uninvolved. It really aggitates BM when I say or do anything (of course that might be a good thing to if it caused her to show her butt in court).

PS. Sorry bloom for highjacking your thread!

Is it possible to take the stand if you are representing yourself?

She is trying to get the kids to testify... so I guess we could ask them. I really have no idea. At least we have awhile to go yet. Still learning.

So really, you dont think report cards and school records will be enough? We will have to have school officials there to back them up?

I have a question for you Mixed:

What if you have school records and such that you are presenting as evidence? What if you cant find the teachers that wrote those letters and notes home?

Same with old police reports. What if the officer doesnt work for the department anymore?

Lord you just got me worried

[ATTACH THE FOLLOWING TO THE PRETRIAL CATALOGUE:]

I have another question for you Ocean:

DH got served yesterday with all the papers BM filed plus some instructions from the court.

One of the documents stated that if a trial date is set we must submit a Pretrial Catalogue.  Here is what it says about the catalogue:

"The primary purpose of the Pretrial Catalogue is to provide the court with information for the consideration of a Final Judgment. Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Catalogue. The purpose of the Pretrial Catalogue is not to present argument. Issues related to the form or substance of a catalogue which has been filed will be addressed at the Pretrial Conference or by prior motion.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
<o:p> </o:p>
ATTACH THE FOLLOWING TO THE PRETRIAL CATALOGUE:<o:p></o:p>
5.       Copies of all photographs, exhibits and documentary evidence which the party proposes to use at trial"

Question is: You said: "Bring it up that day in court, and then they do not have a chance to run out for that stuff and have to respond immediately without thinking it through for weeks."

It probably is a state thing, but it looks like we have to show all of our cards ahead of time.  Is this what it looks like to you?

Thanks guys. I needed to read this today.

Thank you very much Ocean. I was thinking that everything needed to be presented before hand, but I like your thinking.

'If you want to negotiate you can not give them all your "proof" right from the beginning.'

This statement is confusing me. Is there any way you can elaborate?

It wasnt just rulled on. The current order went into affect 2006.

Children lived with BM full time with DH getting eow before 2006. In 2005 BM handed over children because she was living in her truck/hotels and had no job.

We did a modification in 2006 that gave DH school and BM summer, with each getting eow & split holidays.

As far as the judge goes, I have no idea. The original was uncontested, the modification was uncontested & went through a magistrate. BM & DH met with mag. & signed. It was then sent to judge & they signed off on it.

Does the fact that it went through a mag. make a difference? The fact that it was uncontested?

As far as the kids doing well, yes. 14yo was midway through 3rd grade in 2005 & was reading at 1st grade level. She had been through 3 schools in Kindergarten and 2 or more for the other grades. We got her up to 3rd grade level by the end of that year but held her back a year. Every day is a strugle with her for school, & we do the best we can. She has been in partial special classes on and off all this time. She has never been pinged with an LD status though. YSD was in Kindergarten in 2005, so she has been largely unaffected (school wise, mental frustration with the situation is another matter).

I am still very intregued by your statement about just filing that there is no change in circumstance. Like I said, we have our wanted changes all drawn out, but now I am unsure if we should just go that route and see what happens. I kind of think it would make us look more unconfrontational which would be good. We dont mind setting these few small changes aside if we can keep it the way it is, but if we are going for a battle, we want to try and change a few things.

Thanks ocean for your input.