OC filed objections

[DecentDad]

Hi,

OC filed pleadings entitled "objections" to my orders after hearing:

A) Objection that I omitted "each parent must take child to extracurricular activities during his/her custodial time, and that biomom will provide dad a list of said activities."  (note that we have joint/joint, with no party as primary or ever ordered to exclusively select activities).

B) Not an objection, but a proposal that biomom wants to add a restriction that the court-ordered twice monthly therapy for child shall not exceed $45 cost per parent per month "due to the escalating costs of this case."


POINT A
Judge did mention that each parent can take the kid to activities (because OC was trying to fight the "after school" pickup, and she used activities as a reason.  Judge said some retort like, "Dad can take the kid during his time, Mom can take the kid on her time.  What's the problem here?"  I responded that I needed to know the activities, as biomom doesn't share such info.  OC said she'd get me a list.  No order made.

I've asked OC and biomom four times (in writing) in past month for a list of activities.  Never a reply on that.

Our final judgment (2004) says, "Neither parent shall schedule activities for child during the other parent's custodial time, unless the other parent first agrees."

The language that OC wants will get biomom back to the game of scheduling activities during my time, with no regard for my plans.

In past month, biomom sent emails, indicating her desire for child to attend camp during my vacation time with child, plus other "various activities" (no details) during my weekday afternoons.

Finally on Point A, there was nothing in the moving OSC about a problem with child's attendance at activities.

POINT B
The court ordered twice monthly counseling.  Final judgment states we split all unreimbursed expenses.  At this hearing, OC moved to allocate costs per income of parties.  Judge specifically referenced the judgment that we share costs.  Moreover, the proposed language doesn't state what happens to the balance owed beyond $45/parent/month.

Also on Point B, biomom has been the moving party (with $350/hour representation) on our last four hearings.  She works one day per week.  She claimed the child was suicidal (and now wants only to spend $45/month on therapy).  She repeatedly files actions that she loses, so her "escalating costs" are her own decision.

1.  What do I file back?...  "Objections to Petitioner's Objections?"

2.  If I'm to address those two points, how much of the above info do I include?

3.  I see per Rule 391 that they're way past deadline objections.  I served by mail June 14.  They served by mail July 7.  Is this referenced in pleadings or just correspondence to the court?

Thanks,
DD

[socrateaser]

>1.  What do I file back?...  "Objections to Petitioner's
>Objections?"

"Respondent's Response to Petitioner's Objections, re Order After Hearing."

>2.  If I'm to address those two points, how much of the above
>info do I include?

Make your case. Show the original orders, and show that the other parent is already setting up for a new battle by scheduling extra-curricular activities during your time without your consent.

Actually, I think you're getting really close to being able to make a case for a new custody action, because the other parent is continuing to frustrate your access to the child, which is a substantial change in circumstances.

That said, just make your case.

>3.  I see per Rule 391 that they're way past deadline
>objections.  I served by mail June 14.  They served by mail
>July 7.  Is this referenced in pleadings or just
>correspondence to the court?

You can ask the court to ignore the objections on grounds that they were not timely filed, and that OC never prepared the orders as instructed by the court. Then, you state, that, in the alternative, should the court not dismiss Petitioner's objections as untimely filed, then you argue for why the order should be entered as you submitted it.

[DecentDad]

Thanks.

Do I use the same tone as if it were a responsive declaration (i.e., first person narrative with swear under penalty of perjury)?

Also, do I attach exhibits (e.g., correspondence)?

Thanks again, it's much help.

DD

[socrateaser]

>Thanks.
>
>Do I use the same tone as if it were a responsive declaration
>(i.e., first person narrative with swear under penalty of
>perjury)?
>
>Also, do I attach exhibits (e.g., correspondence)?
>
>Thanks again, it's much help.
>
>DD

Yes, because you're testifying to the facts that occured during the hearing. Everything should be the same.