Letter to opposing counsel

[KimK]

Soc~  

What is the proper wording used to ask the court to make part of the permenant record a letter to  the opposing counsel?

Dees the opposing counsel need notified that we are asking that the letter we sent him be made a part of the record?

Will the judge read the letter if we ask that it be included in the record?

Thank you.

[socrateaser]

>Soc~  
>
>What is the proper wording used to ask the court to make part
>of the permenant record a letter to  the opposing counsel?
>
>Dees the opposing counsel need notified that we are asking
>that the letter we sent him be made a part of the record?
>
>Will the judge read the letter if we ask that it be included
>in the record?

The court is not an evidence storage site. The only reason to make a document a part of the court record is if the document relates to some matter at issue before the court. If it does, then there should be some pleading associated with the document, that suggests its relevance to the matter at issue.

Otherwise, there is no reason to make the document part of the record, and you can simply offer it to the court whenever some matter appears where the evidence would be relevant. Also, you may be giving away your strategy unnecessarily in advance of a hearing.

I don't know what's up in your case, so I can't tell you what to do with the letter, but based on what you've posted, I wouldn't file it with the court -- not yet, anyway.

[KimK]

Soc~

Story in short form, we have no attorney can not affrod one, parties ordered to mediation for parenting issues, parties signed contract with mediator for X term, mother refuses to cooperate with mediator, refuses to abide by his binding order, refuses to allow father summer vacation as outlined in court order, says it will be her way or no vacation for summer, wont return calls.  Mediator told us to write a letter to her attorney, since court already found her in contempt for parenting time, and been ordered 3 times to make up time, and court noted her extreme inflexibility in scheduling time with fahter, and short of filing anything since we are without counsel, we wanted a letter to her attorney associated with the above in the courts record.

Hope this makes sense, sorry so short.

[socrateaser]

>Soc~
>
>Story in short form, we have no attorney can not affrod one,
>parties ordered to mediation for parenting issues, parties
>signed contract with mediator for X term, mother refuses to
>cooperate with mediator, refuses to abide by his binding
>order, refuses to allow father summer vacation as outlined in
>court order, says it will be her way or no vacation for
>summer, wont return calls.  Mediator told us to write a letter
>to her attorney, since court already found her in contempt for
>parenting time, and been ordered 3 times to make up time, and
>court noted her extreme inflexibility in scheduling time with
>fahter, and short of filing anything since we are without
>counsel, we wanted a letter to her attorney associated with
>the above in the courts record.
>
>Hope this makes sense, sorry so short.

No reason to put the letter in the court file unless you intend to file for a modifcation of custody/parenting time/contempt. Just write the letter and serve it by mail (have a disinterested adult third party sign a certificate of service by mail and mail the letter for you).

The point is that unless you actually ask the court to take some action against the other parent, the court won't even know that you've filed the letter, so why bother. In fact, in many jurisdictions, the court would simply refuse to file the letter. A minority of jurisdictions permit such filings, and yours may be one, but I think it's a waste of time, until you're ready to request some sort of relief from the court.

[KimK]

I understand and that makes sense.  I know our previous attorney would at times ask for her letters to be attached to the record.

Court order reads that the mediator can not speak to the parties counsel ex parte, but can write a letter to the court if the parties can not agree on any dispute.  BM refuses to speak to BF or mediator and has three times written BF A letter of intent to deny vacation time to BF and BF is trying to work out a schedule that allows him 1/2 per the court order.  BF has tried to work this issue out for 7 months to no avail.  BF is without counsel.  Mediator suggested we send letter to opposing attorney, but when previously sending letter to her counsel we got no response so I would think we would get better results if mediator would write a letter to the court since BM is uncooperative.  

How do we proceed with the mediator if we are acting as our own counsel?  

how do we suggest to mediator that we feel the best result will be through a letter ot the court?

TY again.................

[socrateaser]

>How do we proceed with the mediator if we are acting as our
>own counsel?  

Ask the mediator to inform the court that the other parent refuses to engage in mediation, and therefore that no mediation is possible.

>how do we suggest to mediator that we feel the best result
>will be through a letter ot the court?

See above. However, just because the mediator writes a letter to the court, this doesn't mean that the court will sua sponte (on its own motion) take any action. It's up to you to demand some sort of relief from the court, such as a motion to modify custody to make you the primary caretaker, on grounds that the other parent affirmatively acts against the child's best interests by frustrating your exercise of parenting time.

It seems like the court has seen enough to seriously consider such a request, so I'd just compile all the previous evidence and orders against the parent and ask the court to recognize the fruitlessness of any attempt to cooperative parenting, and that the only alternative is to reverse primary custody because you are the parent more favorably disposed to facilitate contact between the child and both parents.