Question

[MixedBag]

From a post below, you said:

"Either that, or the attorney will withdraw, which will be good evidence for you, that your ex was actually intent on continuing to willfully fail to cooperate, and that the attorney could not, in good conscience, defend the behavior going forward."

How would you use that in court?

Or are you using the word "evidence" just to say "that's a good sign"....

Thanks!

[socrateaser]

>From a post below, you said:
>
>"Either that, or the attorney will withdraw, which will be
>good evidence for you, that your ex was actually intent on
>continuing to willfully fail to cooperate, and that the
>attorney could not, in good conscience, defend the behavior
>going forward."
>
>How would you use that in court?

I'd have my client testify as to the various times that visitation was denied, and introduce and authenticate the letter. Then, I'd discuss the continuing incidences that occured after the letter was written. Then I'd introduce and authenticate the "second" letter, that I would recommend as a follow up after this behavior continues. Then I'd question the custodial parent about all of the issues, and find out how she addressed the issues.

And then, I'd say something like: "Shortly after Mr. X sent your attorney the second letter, stating that he would now be forced to file a contempt motion because of your failure to cooperate, your attorney withdrew from representing you, isn't that correct?"

And then she would answer "yes" (and she might have some additional comments), and I would then follow up with: "Do you realize that this was because your attorney could no longer defend your actions?"

Doesn't matter what her answer would be...the judge would already know the answer.