Evaluation and parenting plan questions.

[rdhdinwi]

Hi

Background:  DH's X filed to regain primary placement of two girls, 13 and 15, after DH has had 50-50 placement for seven years.  She maintains there has been a substantial change of circumstance but to date we have not been told exactly what that is.  Our attorney is just shaking his head on this one.  Anyway ... mediation failed because X said she won't agree to anything less than primary placement so everything has been sent to parental evaluation.  This is Waukesha County, Wisconsin.

DH and his X both setup their interviews with the evaluator when they were there last week.  X's appointment was this past Monday, DH's was yesterday.  When he was there, the evaluator mentioned that DH's X was a no-show and that she needed to get in touch with the X to reschedule.  Not only did the X not show but she has made no effort to date to reschedule and she has not submitted her parenting plan to the evaluator, the court, to us or to our attorney.  DH has already submitted his to the evalutor and court, the others go delivery confirmation today.

Can I ask what your opinion is on the X's no-show status and not submitting a parenting plan.  It is our understanding that if you don't submit a plan to the court, you forfeit your right to argue your position if you don't agree to the other parent's submitted plan.  Will her actions hurt her case?

Any opinion would be greatly appreciated.

Thanks!

Rd

[socrateaser]

Sometimes a party's attorney will push the envelope and not submit anything to the court until last minute, in an effort to prevent you from having an opportunity to prepare a defense.

I really don't have enough facts to analyze. I would need to know why the other parent wants the change, and as you have said, you don't even know why, then we're all in the dark until the mother shows her cards.