Do I have to file for every single violation?

[indisbelief]

I have a trial coming up on may regarding several instances of visitation interference. The judge has been putting them all off until he had a full two days to set aside for my case.

Am I supposed to file a charge for every instance of visitation violation and violation of the custody agreement or will I be alowed to bring up evidence of ones I didn't actually file. There would be literally 30 instances---at least one every month for the past two years---if I had to file one each time. I can't afford to have my lawyer write up each one.  

[socrateaser]

>I have a trial coming up on may regarding several instances
>of visitation interference. The judge has been putting them
>all off until he had a full two days to set aside for my case.
>
>
>Am I supposed to file a charge for every instance of
>visitation violation and violation of the custody agreement or
>will I be alowed to bring up evidence of ones I didn't
>actually file. There would be literally 30 instances---at
>least one every month for the past two years---if I had to
>file one each time. I can't afford to have my lawyer write up
>each one.  

Well, you must prove that your ex violates the court order regularly and routinely with conscious and willful disregard. If it were me, I would want to have objective proof for every single incidence that occurred. If I don't have sufficient objective proof for any single incidence, then I wouldn't allege it, because it's a waste of time, alleging what you cannot prove beyond all reasonable doubt.

[indisbelief]

Well

I have e-mails were she specifically states that I cannot bring my daughter to her sport competition and that I can pick her up on Sat. afternoon when it is over...and it is my weekend...even after I ask where it is so I can bring her myself.

I also have proof were she ignored a court order giving me Halloween weekend. Her lawyers answer to date has been that she forget to give her client the order.

I also can show when my ex was in the hospital she didn't tell me and instead let her brother watch my daughter for 3 days. I should have been given right of first refusal.

I can prove she violated a court order that said she was not supposed to make any decisions regarding my daughter's auto accident lawsuit and she has submitted bills for the insurance company to pay.

I am not told about any medical issues--despite repeated letters asking for that info. Despite the fact that I have to pay for the insurance.

I can prove she refuses to communicate with me on any issue and when she does call to scream at me...the answer is always no. We are supposed to have joint decision making. I don't get any info so I can't participate in anything.

I have to send her certified letter and she refuses to answer them. When I request vacation (as per the agreement) she refuses to answer...I always end up going to court to have the judge make a decision when I can take vacation---although it is clear in the joint parenting agreement that I get two weeks.

I have about 35 certified letters. None of which she has ever responded to.

Is this enough. My lawyer did not file a contempt on every single issue though. Just on about five of the major visitation interference ones. Can I bring up other occasions outside of those?

[socrateaser]

>Well
>
>I have e-mails were she specifically states that I cannot
>bring my daughter to her sport competition and that I can pick
>her up on Sat. afternoon when it is over...and it is my
>weekend...even after I ask where it is so I can bring her
>myself.

Do you have copies of these emails stored on a commercial email server, i.e., yahoo, msn, etc, or do you just have printouts? If all you have is a printout, and I were opposing you, I would object to the documents as without sufficient foundation, and then you would have to prove that the emails are authentic and not manufactured by you.

If the emails are stored on a commercial server, then you can show this to the court, and that will prove that you could not have tampered with their contents. If the emails are not stored in this manner, but are merely downloaded on your computer, then your evidence is gonna get tossed, unless the other party admits to having written it. And, if I were her attorney, I wouldn't be giving her an opportunity to make that admission.

>I also have proof were she ignored a court order giving me
>Halloween weekend. Her lawyers answer to date has been that
>she forget to give her client the order.

No contempt, because the defendant did not know of the order. She's being protected by her attorney's apparent willingness to lie, but you can't prove otherwise. This evidence is not gonna meet your burden of proof.

>I also can show when my ex was in the hospital she didn't tell
>me and instead let her brother watch my daughter for 3 days. I
>should have been given right of first refusal.

What proof do you intend to submit to prove that you weren't offered the right to refusal, and that you're simply manufacturing this evidence to damage your opponent?

>
>I can prove she violated a court order that said she was not
>supposed to make any decisions regarding my daughter's auto
>accident lawsuit and she has submitted bills for the insurance
>company to pay.

How is submitting bills for insurance to pay, making a decision regarding a legal action? Hint: It's not.

>I am not told about any medical issues--despite repeated
>letters asking for that info. Despite the fact that I have to
>pay for the insurance.

What proof of this do you intend to submit to the court?

>I can prove she refuses to communicate with me on any issue
>and when she does call to scream at me...the answer is always
>no. We are supposed to have joint decision making. I don't get
>any info so I can't participate in anything.

What proof of this do you intend to submit to the court?

>I have to send her certified letter and she refuses to answer
>them. When I request vacation (as per the agreement) she
>refuses to answer...I always end up going to court to have the
>judge make a decision when I can take vacation---although it
>is clear in the joint parenting agreement that I get two
>weeks.
>
>I have about 35 certified letters. None of which she has ever
>responded to.

This is the first good evidence that you have submitted to me. You can show a pattern of refusing to communicate, which is clearly an attempt to deprive you of access to the child(ren). The question that I have now, is what EXACTLY do your custody orders say? Does this pattern actually violate an express order of the court? If so, then you have a contempt. Otherwise, not.

>Is this enough. My lawyer did not file a contempt on every
>single issue though. Just on about five of the major
>visitation interference ones. Can I bring up other occasions
>outside of those?

You can only gain a contempt on what has been alleged, because the defendant has the right to know the charges against them in advance of trial.