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Well, today I filed the counter motion to the latest motion from the BM.  I've received a Request to Provide from the BMs attorney and I submitted my request today.  This means he gets to see my evidence and witness list a few days before I see the BMs.  If there is something in their evidence that I need to respond to, and I didn't include it in the copy of the evidence I provide, does this mean I can't introduce anything further? 

Consider a motion to SQUASH.  One of my attorneys filed such a motion and was first filed by  attorney Abe Lincoln asking the court to stop the obnoxious noise of rooting pigs under the court house.  In your case, it appears the rooting pigs are in the court room.

When filing pro se' one is expected to maintain court room decorum AND, according to US Supreme Court rulings,  to be shown leniency since thry are not licensed a$$holes.  Otherwise, you may find yourself and child better served by hiring a rule-of-law type attorney (vs "custody" atty) from outside the local yocal court jurisdiction to hold the opposing judge/attorneys accountable. Worked for my kids.

Best to ya.

Thanks Davy, I will definitely check into the motion to squash.  Before the BM launched this nasty and unfounded claim/motion I was going to represent myself as I had enough evidence to get the CO upheld and not changed.  But now, it looks like I will need to get a lawyer for the actual hearing and I will do all the groundwork to keep costs as low as possible.   All I want is to see my daughter and do the best I can for her.  The BM is about control and she will do anything to keep control no matter how harmful to the child.  The BM and her cronies are certainly rooting pigs!

The new counseler recently concluded matters because I was prevented from taking my child there by the BM making sure she refused parental exchanges on the days apts were made.  I did email the counseler about this recent incident and will see if I can see her again.  She has only seen my child a couple of times, so won't be able to say a lot.  I will find out too what counselers can say in court.  I know the old counseler is so biased she will be damaging if allowed a witness.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
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This most recent motion filed this week, is based on something alleged to have happened a week or so ago.  I've drafted a motion in response but am not sure what to call the motion.  Have been looking online for advice but no luck so far.  I did wonder if it should be a Motion to Dismiss but I think that relates to motions that are filed incorrectly.  I'm not sure whether to call my response, a Counter Motion.  The claim is outrageous.  I'm reluctant to post what the claim is, incase of "prying eyes", but it is hideous.  And the BM is asking that my visitation be changed to supervised, on the basis of her claim.  I have such compelling evidence on contempt that the BM came up with something like this to detract from her wrongdoings.  This is always her MO.  I'm trying to do as much work on this as possible myself, draft and file motions, gather evidence, etc., but because of the nature of this latest development I may have to get a lawyer to represent me at the hearing.  For now though, I have to do all the work myself.  If I can overturn the BMs hideous claim, I can then file motions, like you suggest, preventing her from harrassment.  Like your ex, the BM grills the child when she gets home and distorts things and videos everything.  No doubt there is a video of the child stating the BMs version of events to be used as "evidence".  It is truly sick.  But typical of the BM.  The CO already forbids phone calls except for emergencies and states all contact must be made by email.  I don't call my child because it upsets her.  She is surrounded by people alienating her and recording conversations and I don't want to upset her, so I don't call her.  I will consider a restraining order.  I will wait until I have an attorney to see if it's appropriate to file one.<o:p></o:p>

Thanks, that is very helpful information.  I will raise this issue and see if something can be written into a new motion.

Thanks so much for that information.  Should I file a motion to ask that she is not a witness?  She is currently on the list of witnesses.  And in the same motion ask that the court forbids the child from seeing this counseller on the grounds you mentioned?  The counseler is not licensed.  She works for a psychologist but is unlicensed herself by any board.  I filed two complaints and the governing bodies said they could not deal with it because she is not qualified.  I have now filed two complaints against the psychologist she works for, for allowing this to happen and the counseler has been named as the party acting unethically.

This right here raises a major flag for me.  I would file a motion to have this person present her credentials if she is going to testify as a medical professional.  If she cannot provide those credentials then I would object to her testimony as a medical professional as she is not qualified.

If she is working for a psycologist and is having visits in this doctors office then I would file a complaint against the actual doctor for allowing a non licenses professional to practice as a counselor in his office.

Yesterday there were two more hideous developments.  The BM filed a motion.  She has asked now for visits to be supervised.  And she has asked this, alleging that I speak to my daughter in an inappropriate way.  The inappropriate statement is fiction.  The BM is claiming I have told my child her mom will be murdered.  And that I have compared the BM to a notorious killer.  I've never had supervised visitation.  I have my daughter for weekends and one week evening, when the BM doesnt act contemptuously and deny visits, which she has done recently.  And now, based on lies, the BM wishes to change the visits to being supervised.  This is a backhanded route to them wanting full custody but they know if they request it openly it will be denied.
Judging by the fact the BM has had the child write letters to the counseler making accusations, and telling the counseler the same, through intimidation by the BM, I know this would be the case concerning the above motion.  The content of the motion is lies.  The manufactured evidence is the child being forced to tell the counseller and probably write a letter, as if that makes it true.  But how does a person defend themself on something as hideous as this?

This is heresay and more than likely not admissable unless there is a report of abuse.  You should ask that a GAL (Guardia Ad Litem) be appointed to your child.  State that you believe your child is being abused via Parent Alienation Syndrome (PAL)

It sounds like there is a lot of allegations but not much proof behind these allegations.   A key here is that these letters have been given to a person who is not licenses to practice as a psycologist .

Thanks again for the info about the counseler.  I will definitely be adding to my complaint about her.  If anyone has any ideas on the latest developments and what to do, I would really like to hear about them.  At the moment, due to spending so much already, there is no possibility of getting an attorney.

Try googling a fathers rights group in your area.  They may be able to put you in touch with someone that could help you pro-bono or you may qualify for legal aid.  In any case I really think you should try to get some legal representation going against a sleezy attorny may not be all that easy.

Thank you for all your suggestions.  I will wait to receive the witness list and then ask for proof of credentials etc and ask that she be removed.  I have also added information to the claim to the APA which will be sent today.  The things going on right now are unbelievable.  There was a CO that was logical and made sense. I have followed it to the t.  The BM has not.  The BM is in contempt of many points.  I resisted filing a motion and then the BM files one asking that the main points be reversed.  No doubt, because I filed a counter motion and a contempt motion, it sent the BM into a rage, and she is now acting in a very sick way, inventing the most hideous stories and actually filing motions on them.  Disrediting the awful counseler is so important.  And the fact I lodged the first complaints about the counseler several months ago, and not as a recent knee-jerk reaction, might sway things.  I always knew the BM would sink low, but even so, her behavior seems shocking.   The counseler has been biased throughout, enabled the BM and been totally unethical.

Thanks for that advice.  Yes, I do think the issue is control here.  The BM is controlling but so is her husband and I believe that he in particular wants to provide health care, as part of his controlling nature.  They have made it very difficult and sometimes impossible for me to get treatment for my child.  Plus I have tried avoid the wrath of the BM and avoid court cases, but now they have started a huge problem with the courts, and basically opened a can of worms, causing me to file motions, I won't worry so much about that in the future when it comes to healthcare , angering the BM and filing motions.

Thanks for all the responses.  It seems the general consensus is that he should not be representing the BM, but I just want to clarify the situation in case there is any misunderstanding as I don't want to ask that he is removed and look stupid although I do feel he should be removed.

The current lawyer (X) owns a law firm.  Some years ago some lawyers in that law firm represented me in my divorce and custody case with my ex wife.  This concerned my older child.  That law firm still has my court records and other files.

My daughter is from a subsequent relationship where I was not married to the mom, (BM) but I have joint physical and legal custody.  Lawyer X has been representing the BM for a couple of years and was her most recent "recruit".  (The BM has gone thru several lawyers in the past several years.)  At the last hearing about 18 months ago, lawyer X represented the BM and my attorney represented me.  My attorney did not request his removal.  I don't know if that has any bearing on the matter.  I feel it is inappropriate for lawyer X to represent the BM against me, expecially when the BM is using vile tactics, when lawyer X has access to lots of privileged and confidential information about me from the past.  Lawyer X is most definitely a shady character as my ex lawyer warned me recently. 



 

Thanks.  This particular lawyer has represented my child's mother previously in this case, when I had representation.  I don't know if that would affect my asking that he and his firm be removed now.  He is showing signs of having looked at my previous file which he has access to, from when his firm represented me in a divorce that was separate from the current case. 

Does anyone know if a lawyer (or lawyer from the office of) attorneys that acted for someone in the past, can then act for the opposition against that person?

The lawyer representing my child's mother in the current and ever more hideous case, owns the firm of lawyers, two of which acted on my behalf in the past.  They have access to my files from a prior divorce. 

Does anyone know if the court could be motioned asking for this firm of lawyers to be removed from the case on the basis of the facts mentioned?

This lawyer does have access to my previous files.

Start making appointments with that therapist. Go by yourself at first and see if the therapist will make an appointment eventually with child there. I would make her listen, see evidence, and have her hear your side of things too. Especially since she may testify, ask that she see you can child together before court so she can see how you both interact. Go weekly until court. Put it under you for insurance as family counseling so child can still go under child insurance.

Can you get last therapist to testify for you that mom refused to bring her anymore? Ask for new therapist to talk to old one...sign HIPPA forms so they can talk.

I did attend the new therapist by myself for a few months.  I also took my other child for one session to discuss the situation with my daughter.  I told the therapist what was happening from my side of things.  She realised my only interest is helping my daughter.  She also realised what type of person the BM is.  When the BM made it impossible to take my daughter there, this therapist finally concluded that therpay should end, as nothing more could be achieved.  She has written a letter that I can use.  She does not criticize the mom in that letter, which is not helpful.  The therapist seems overly politically correct in everything she says be it in a letter or email.  She could be called to testify but she will probably only state the child only saw her a few times and that I had wanted her to attend more but it wasn't possible.  I doubt she would stick her neck out to say the BM prevented the child from attending.  As for insurance, the BM refuses to let me use my insurance for my child, even though I pay for it and provide it. 

I believe the new therapist did speak to the old one.  Again, the new one is so politically correct, I don't think I can count on her to say anything against the bad counseler.