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Do I reply?

Started by crayiii, Jul 01, 2005, 06:05:17 PM

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socrateaser

>Everything that I allege is in my declaration in support of
>my motion.  I have asked that certain areas of the temp
>parenting plan be clarified by the court as they are causing
>both of us problems.
>
>Transportation is one area.
>
>Phone contact is another.
>
>I have provided examples of the issues the ambiguous language
>is causing.  In fact, in my wife's declaration she has even
>stated that phone contact has been a problem.
>
>I have also included as exhibits, my letters to the attorney
>asking for their assistance in clarifying the orders in hopes
>that we can keep it out of the court.

Based on the above, I'd say that your wife's failure to appear should help your case. If opposing counsel starts to testify as to your wife's position on any facts, you can object to it as hearsay, and politely suggest that her failure to appear at the hearing is a fair demonstration of her lack of interest in any cooperative parenting.

Just explain your position on each issue. Tell the judge what you believe is the problem, what evidence supports it, and how the court should rule in order to resolve it. Don't waste time. Have an outline and follow it. If you are interrupted, listen carefully to the point raised, and then get right back on your outline and move forward, unless the judge starts asking questions related to the issue.