On proper protocol for my exhibits/declaration at the Ex Parte

[DecentDad]

Hi Soc,

I've received nothing from opposing counsel.

Would it be appropriate tomorrow morning to file (and serve) a declaration in opposition to the Ex Parte?

I'd outline the couple strong things you indicated would be good (i.e., report card, and that child slept in my home last night, and I didn't mention that mother even sent me an email yesterday that was normal, indicating no problem with releasing child to me).

Also, I'd lay out the deposition testimony to show this is an on-going mission of mother's (i.e., nothing new, and it's all be examined previously).

There's plenty of testimony stating she's adamant that daughter can't sleep in my home, that mother wants to move away, that she thinks I'm unfit, that she can't state one positive thing about my parenting, that there is 0% chance her parenting has anything to do with child doing poorly in her home.

I'm just thinking, if I file all this when I check in with the clerk, at least it won't be a runaway hearing with little opportunity for me to testify; that judge would have plenty in his hands forcing him to give it serious thought else dismiss.

So, appropriate?

[socrateaser]

>Would it be appropriate tomorrow morning to file (and serve) a
>declaration in opposition to the Ex Parte?

Don't file a response -- it will indicate that you have had an opportunity to review the other party's pleading. You want to be able to use this as leverage to possibly question the other party or limit or exclude evidence from the court's consideration (and to generally suggest that opposing counsel did not act in good faith).

>I'd outline the couple strong things you indicated would be
>good (i.e., report card, and that child slept in my home last
>night, and I didn't mention that mother even sent me an email
>yesterday that was normal, indicating no problem with
>releasing child to me).

No. The other parent has the burden of proof. Your goal is to simply rebut whatever evidence is offerred. They have intentionally refused to give you anything so as to make it hard for you to accomplish this, however, I can guarantee that you will be given a copy of the pleading in the courtroom hallway immediately prior to the hearing.

I imagine that ex parte hearings are first thing in the AM, but you'll still be in line with others so you may have time to work on some possible responses.

You first tell the court that you tried since 8am yesterday to get copies of the pleadings and opposing counsel failed to make any good faith effort to provide them in advance of the hearing, and you don't see any showing of irreparable harm, so the court should simply continue the matter until you have an opportunity to prepare an adequate response.

Then see if the judge agrees.

>
>Also, I'd lay out the deposition testimony to show this is an
>on-going mission of mother's (i.e., nothing new, and it's all
>be examined previously).

Nope. You want to have it all their so that you can offer it as rebuttal evidence to whatever they submit. This will surprise the crap outta them and they won't have any time to craft a response.

>There's plenty of testimony stating she's adamant that
>daughter can't sleep in my home, that mother wants to move
>away, that she thinks I'm unfit, that she can't state one
>positive thing about my parenting, that there is 0% chance her
>parenting has anything to do with child doing poorly in her
>home.

Good. Use it.

>I'm just thinking, if I file all this when I check in with the
>clerk, at least it won't be a runaway hearing with little
>opportunity for me to testify; that judge would have plenty in
>his hands forcing him to give it serious thought else
>dismiss.
>
>So, appropriate?

If you respond without reading the pleading, your response may be misplaced and it will give your opponent time to consider your filing. You don't want them to have any of your rebuttal evidence in advance of when you offer it.

[DecentDad]

.

[hagatha]

DD,

OK more than one question . . . (lol)

Is the mom the clingy sort of person? Does her world revolve around your D? Does she get overly emotional at drop-offs and pick-ups? Does she have a fear of being alone in her house at night?

I kinda think someone is suffering from seperation anxiety, and it ain't your daughter!

 The other thing that hit me was the possibility the mother was molested as a child and is transfering her feelings onto you and your D.


The Witch
Remember . . . KARMA is a Wonderful Thing!!!!!

[DecentDad]

She meets the criteria for paranoid personality disorder and histrionic personality disorder; symptoms that the evaluator laid out but apparently elected not to diagnose.  She told me in the past that she was molested as a child and raped as an adult, though her story changed later.  She's a chronic liar, so I really don't know what is true of her past.

But if you, as a stranger can read between the lines, hopefully the judge will as well.  :)

I'm just praying that it's more of the same, as she's been denied time and time again.