Welcome to SPARC Forums. Please login or sign up.

Nov 22, 2024, 07:22:30 PM

Login with username, password and session length

Deleted text

Started by notnew, Aug 07, 2006, 11:47:57 AM

Previous topic - Next topic

notnew


notnew


socrateaser

>My questions are:
>
>1. How long "typically" is there to object or otherwise
>challenge a CE report after it is handed over to the court and
>the parents? I think it has been too long already. The CE knew
>the therapist name, but the other side did not provide any
>contact information to the CE while investigation was
>on-going.

Usually, discovery is supposed to be completed 30 days prior to trial, which means that you should have filed a motion in limine to exclude the CE report by then. There is no absolute deadline, however, if you could not have met the statutory deadline (whatever it is in MD), because the eval came back so close to the trial date.

But, if you don't object, then you waive your objections.

>
>2. Do you believe, given the above circumstances, that there
>may be an EVEN small chance that a continuance can be
>requested and/or granted?

There's always a chance for a continuance. It requires good cause (clear justification), and you can object if you can show that the continuance will prejudice your case. Or, if you will suffer out of pocket expenses as a consequence, then you can ask that the court order the other party to pay those costs in return for granting the continuances.

>
>3. Do you believe the court will think my 12 yo should be
>called into Court? This is a best interest of the child issue,
>not a preference of the child issue. Child and other side have
>stated that I am mean and yell at child which frightens the
>child. These allegations were not substaniated in CE
>investigation and in fact, child said I was mean because I
>didn't let the child watch r-rated movies among other normal
>"mean" parent things for a 12 yo.

If you were subpoenaed to produce the child at trial, then you must file a motion to quash or condition the subpoena on grounds that it is unreaosnably burdensome or unduly oppressive for you to have to comply with the subpeona as issued. Or, if there is some statutory authority, such as the time for service was too short or that the child's interests require that the court consider the child's testimonial value prior to permitting the child to testify, then you can use those grounds.

But, you CANNOT just not allow the child to appear or you will be in contempt and you will almost certainly be charged all of the other parties fees and costs as necessary to reschedule the hearing to allow the child to testify.