Preclusion From raising issues prior to existing order

[NeverGiveUp]

SOC,

I realize you are away and may not be able to help.  My question is short.  My ex continues to leave my children in the care of a women who is not a proper care provider.  I have complained vehemently about this in previous court proceedings.  Also, my ex keeps referring to my oldest daughter as "Lazy". The child is LD and has been certified as such.

1) I understand that raising allegations prior to an existing order is not allowed.  But if she keeps doing it can I use previous court papers to show that the behavior is continues?
2) If I can, is there case law I can site

[socrateaser]

>1) I understand that raising allegations prior to an existing
>order is not allowed.

Due process requires that once a fact is used to litigate an issue on its merits, and that issue is disposed of by the court, a party cannot relitigate the same issue using the same facts (Issue Preclusion). Howeer, there is nothing preventing an issue from being relitigated on new facts, and you apparently want to submit facts showing that a habitual and coercive behavior is causing harm to your child, therefore, if you can demonstrate the patten by offerring multiple occurrances, then this demonstration would be admissible.

As a secondary issue, in custody procedings, the complaining party must show a substantial change in circumstances affecting the child's best interests. Here, your facts don't show that there has been any change in behavior since prior custody battles, but if you can show that there has been a change or increase in the harm to the child, then you could meet your burden.

I can't analyze your situation further, without detailed facts. And, besides, I'M ON VACATION! LOL!