Three cases pending...

[dipper]

Soc,

We are in VA.  My dh has filed for primary custody, adjustment to medical copays, and a show cause for several violations of the court order regarding visitation.

DH has asked twice for particular information - copies of an IEP meeting held without his knowledge, explanation of items purchased at one pharmacy (their is no description on receipt),  and he has offered to pay 75% of one purchase that was unnecessary - but he will do so in order to avoid further fighting as long as she will give him 75% of the products bought.  These items were never used in her home..and as ss is in our home over half of the summer, this seems reasonable.

Soc, ss is to wear a compression vest - which she has..and ss is with us.  WE have seen in dr. notes that ss is to have some type of 'POL' cream for itching...she has not told us any of this, and we dont know what it is...

She gave the people at burn camp multivitamins for ss...and dh asked about this in a letter, but she didnt respond as to if ss is supposed to have them or not.

Okay...we can only assume that her lawyer will represent her again.  So, that is where dh is going to send the copies of the subpoena and ask for the stipulation that documents returned will be authentic and admissable in court.  

1..Normally, will the court treat all three motions - custody, medical, and show cause separately - as in a separate statement being heard about each?

2...Not wanting to be accused of constantly sending letters (as her lawyer acted as if this was horrible the last time..and the judge advised dh to call more often)...how else can we document her refusal to give dh any information?

3...From a legal standpoint, does dh have grounds for asking for an explanation of what items were purchased and for the part that he is paying for (as none were used) and refusing to pay until he has this met?

4...Should we once again request the above info -when she more than likely still will not respond?


thank you.....

[socrateaser]

>>1..Normally, will the court treat all three motions - custody,
>medical, and show cause separately - as in a separate
>statement being heard about each?

If you filed three motions, then they will be heard separately. You can ask that the motions all be heard back to back on the same day, or consolodated into one motion hearing, but if the issues are separate, then they will be dealt with separately by the court.

>
>2...Not wanting to be accused of constantly sending letters
>(as her lawyer acted as if this was horrible the last
>time..and the judge advised dh to call more often)...how else
>can we document her refusal to give dh any information?

You can't. You write when you need something, because if you don't, then you won't have any evidence of your attempt to bargain in good faith. The judge was throwing the attorney a bone...your response to a new complaint from the attorney is that your experience is that phone calls are not responded to, therefore you have no choice but to document your requests.

>
>3...From a legal standpoint, does dh have grounds for asking
>for an explanation of what items were purchased and for the
>part that he is paying for (as none were used) and refusing to
>pay until he has this met?

Maybe. You need to lay out your argument by stating the specific issue, and then the applicable rule of law, followed by an analysis of how the facts support the rule of law as to why your motion should be granted. Then conclude with a clear statement that suggests the appropriate relief based on the facts and law. This is how lawyers and judges are taught to deal with the law.

When you have done the above for the three motions, you will be able to answer whether you have grounds or not, because your analysis will show that if you have the necessary evidence, then you can satisfy the rule of law and get your relief. The objective is to ascertain whether the evidence requested tends to prove or disprove a fact at issue before the court. Try to work it out. It will make you a better "lawyer."

>4...Should we once again request the above info -when she more
>than likely still will not respond?

Do the exercise I suggested and then you tell me what you think you should do. I'm not trying to stall you off, I'm trying to get you to think like a lawyer, so you can better answer your own questions about how to argue your case.