URGENT:NEED TO FILE TOMORROW (hearing on the 22nd), Please proofread, Soc!

[SM_in_FL]

Hi, Soc!
Our GAL tried to get a continuance on our final hearing which is set for the 22nd of Dec. because of the stuff i recorded from SD but she told GM it was because of a scheduling conflict and so didn't get it. I also proposed a psych eval (following your advice) and the GAL thought it'd be a good idea, but I have to file a motion tor continue hearing on that basis because she wasn't granted her motion. Anyway, i've typed up the motion and put it here, could u please review it and let me know what you think?
Thanks, Soc!!!!!

ok, so here goes:
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                                                          IN THE CIRCUIT COURT OF THE
                                                          xxxxxx JUDICIAL CIRCUIT
                                                          IN AND FOR xxx-xxx
                                                          COUNTY, FLORIDA
                                                          FAMILY DIVISION



IN RE: THE PETITION OF:            CASE No: 9x-xxxxxFCxx

             BM
                       Petitioner,

and

              DH
                      Respondent.                          MOTION TO CONTINUE
                                                                   HEARING


______________________________/    

COMES NOW, Respondent, DH, and files this Motion to Continue Hearing set for the 22nd of December, 2003 in support of same states the following:

1. New information has come to the Respondents attention concerning the Minor Child, SD, aged 9 years, for which he feels concern.
2. The Minor Child’s academic records further indicate cause for concern due to statements made by the Minor Child’s third grade teacher, Ms. B, with regards to the child’s academic performance and grades. ( Please see Exhibits “A” and “B” attached)
3. Based on this, the Respondent wishes to employ a therapist to conduct a psychological evaluation on the Minor Child.
4. None of the evaluators contacted by the Respondent are able to conduct said evaluation until after January 5th, 2004.
5. The Respondent wishes to have the psychological evaluation completed before the conclusion of these proceeding in order to provide the Court with complete and accurate information by which to further assist in the Court’s final determination.
6. Respondent is concerned for the child’s emotional, physical and academic well being.

WHEREFORE, the undersigned moves this Court for an order granting:

1. The Respondent a continuance for the time frame of a month in order for him to seek psychological assistance for the minor child as well as follow up services as deemed necessary.
2. Any other relief this court deems just and proper.
                                                       

          Respectfully Submitted,
                                                                                 
                      DH


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Petition was
 mailed to BM and GAL attorneyon this 17th day of December, 2003


STATE OF FLORIDA)
XXXXX-XXXX COUNTY)


   The foregoing instrument was acknowledged before me this__day of_______________, 2003, by DH who is personally known to me or has produced_____________________as identification and who did take an oath.



NOTARY PUBLIC, State of Florida at Large
My Commission Expires:

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Questions:

1) How do we get the psych eval okayed by the court, or do we just do that on our own?

2) In your experience, has this kind of thing been sufficient for the court to grant the continuance without having to divulge what SD told me in confidence, or does that have to be stated, thereby breaching trust?

3) What do we do if we don't get the continuance and the psych eval is still an issue?
4) Should I simultaneously submit a motion for a psych eval or do we just get it done then submit it? (Is a court appointed psych better than a psych found by one or both parents?

5) Any other advise would be greatly appreciated:D

Thanks again a trillion times over, Soc!
SM

[socrateaser]

well, it's ok, but it won't get you a continuance. you need to raise the actual issue, not dance around with a bunch of peripheral stuff that has limited relevance.

Tell the court exactly whatt the child has told the GAL.

[SM_in_FL]

ok, here's the changes that i've made, please see questions at the bottom. Thanks for ur help on such short notice.
SM
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                                                    MOTION TO CONTINUE HEARING


______________________________/    

COMES NOW, Respondent, DH, and files this Motion to Continue Hearing set for the 22nd of December, 2003 in support of same states the following:

1. New information has come to the Respondents attention for which he feels concern, in the form of statements made by the Minor Child, SD, aged 9 years, to her Stepmother, SM_in_FL, claiming that the Petitioner has:
A) Verbally abused her by calling her “stupid” upon receiving the minor child’s report card.
B) Threatened to abandon and never visit the child if she should divulge to anyone the desire to reside with the Respondent. According to the minor child’s statements, the Petitioner would consider her a traitor, therefore justifying the abandonment.
C) Told the Minor Child that the Respondent does not love her and is only seeking custody for the childsupport.
2. The above mentioned statements were recorded and documented with the Minor Child’s permission, as well as that of the Respondent. (Please see Exhibit “A” attached)
3. The minor child fears the repercussions should the Petitioner discover that the minor child has divulged the above mentioned statements.
4. The Minor Child’s academic records further indicate cause for concern due to statements made by the Minor Child’s third grade teacher, Ms. Berger, with regards to the child’s academic performance and grades. ( Please see Exhibits “B” and “C” attached)
5. Based on this, the Respondent wishes to employ an evaluator to conduct a psychological evaluation on all parties, including the Minor Child.
5. None of the evaluators contacted by the Respondent are able to conduct said evaluation until after January 5th, 2004.
6. The Respondent wishes to have the psychological evaluation completed before the conclusion of these proceeding in order to provide the Court with complete and accurate information by which to further assist in the Court’s final determination.
7. Respondent is concerned for the child’s emotional, physical and academic well being.

WHEREFORE, the undersigned moves this Court for an order granting:

1. The Respondent a continuance for the time frame of a month in order for him to seek psychological assistance for the minor child as well as follow up services as deemed necessary.
2. Any other relief this court deems just and proper.

Respectfully Submitted,
                                                                                 
DH                                                                                    
 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Petition was
 mailed to blah blah blah on this 17th day of December, 2003


STATE OF FLORIDA)
xxx-xxxx COUNTY)


   The foregoing instrument was acknowledged before me this__day of_______________, 2003, by DH who is personally known to me or has produced_____________________as identification and who did take an oath.



NOTARY PUBLIC, State of Florida at Large
My Commission Expires:

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ok questions:
1. Should DH also move for contempt of court, as these are exactly the types of things she's ordered not to do(bm)?

2. Should he go for temp custody? would this be sufficient for them to grant it since SD seems to fear BM and what she'll do if she finds out what she told me?

3. Any other advice would be gloriful!!
thanx again!!
SM

[SM_in_FL]

Sorry for all this stuff at once. I'm typing one handed because of an injury to my hand so please forgive any abbreviations or misspellings....again thanks for all ur help on such short notice
SM
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ok here's the motion for the psych eval:

.                                          MOTION FOR PSYCHOLOGICAL EVALUATION


______________________________/    

COMES NOW, Respondent, DH, and files this Motion for a Psychological Evaluation of the Minor Child, SD, 9 years old, and in support of same states the following:

1. The evaluation is in the best interests of the child.
2. The mental state of the child is at issue.
3. Petitioner’s competency and mental state are also at issue.
4. Respondent is willing to participate in said evaluation in order to provide the Evaluator and the court with a more complete evaluation, should the court find it appropriate.

WHEREFORE, the undersigned moves this Court for an order granting the following:

1. All parties in the above mentioned cause, including the Minor Child, be ordered to participate in a Forensic Psychological Evaluation
2. Respondent requests that Dr. X, located at XXXX anywhere Avenue Suite 1, City, FL. 00000, Contact number 999-999-9999, be appointed by the Court to perform said evaluation.
3. Evaluator performs all tests and addresses all areas pertinent to this cause, as deemed appropriate by the Court.
4. Petitioner assist in paying all fees associated with said evaluation.
5. Any other relief this court deems just and proper.
                                                                                 
 Respectfully Submitted,
                                                                                 
    DH                                                                                
 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Petition was mailed to blah blah blah on this 17th day of December, 2003


STATE OF FLORIDA)
XXX-XXXX COUNTY)


   The foregoing instrument was acknowledged before me this__day of_______________, 2003, by DH who is personally known to me or has produced_____________________as identification and who did take an oath.



NOTARY PUBLIC, State of Florida at Large
My Commission Expires:

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ok, so what do u think, Soc?
Thanks tons!!!!!
SM

[socrateaser]

Motion for continuance is good. Motion for exam should refer to the same facts as those in the motion for continuance, and I would have wrapped both motions up together, since your need for the first depends on being granted the second. But, that's no big deal. Good luck.

[SM_in_FL]

Ok, Soc, I filed those two Motions together and got the Continuance. Thank you millions for your suggestions. Now I have a question about your last response.
The GM's secretary told me to submit the motion for psych eval to the judge overseeing the case in order to have it referred back to the GM for hearing. I did leave a copy of both motions together with the GM's secretary but only submitted the motion for psych eval, exactly as it's posted here to the judge because the GM's secretary told me i didn't need to submit the motion for continuance with the judge. So here's my question:
1) Should i rewrite the motion for psych eval and resubmit/file it with all the pertinent individuals or leave it as is and hope they connect one with the other since they were filed together? Remember, the submission to the judge is only so that it gets referred to the GM for hearing.

2) If i do need to re-write, can i just copy and paste the stuff from the motion for continuance on to the M for psych eval or how would it be best to merge them?

Thank you once again Soc, for saving our tushies!!!
SM:7

[socrateaser]

So here's my question:
>1) Should i rewrite the motion for psych eval and
>resubmit/file it with all the pertinent individuals or leave
>it as is and hope they connect one with the other since they
>were filed together? Remember, the submission to the judge is
>only so that it gets referred to the GM for hearing.

Leave it. You're gonna confuse everyone with multiple filings (you're already confusing me).