Discovery???

[Zephyr]

What is the name of your state? WI

One of these days I'll be done with this crap.....

short recap....

I filed motion for remedial contempt and for clarification of the court order and determination of school district......

we tried to mediate- didn't work

we were appointed GAL....everything was moving along, we have a court date for June 20

some of the letters, and also a request for totally irrelevant info from the GAL have me concerned that ex is going to try to go for the whole enchilada on wednesday, as in try to totally modify custody (in the past he has threatened to try to get sole custody)

so- there are these new request for info, obviously ex is totally bashing me to anyone who will listen, and I am scared they are listening (even though we tell people-never bash the ex)

feeling out my options here....would it be prudent for me to request a continuance on wednesday and thereby give myself some time for discovery (which the demand cannot be made soone than 30 days before court) and figure out what exactly they are up to?

[mistoffolees]

I would ask your attorney. However (this is not legal advice, because I'm not an attorney and don't really know the specifics of your case, anyway), my guess is that it depends on what you mean by 'clarification of the court order'.

If the hearing is simply to determine visitation, for example, then I don't think she can bring custody into the hearing and expect it to get resolved. In my state, at least, the hearing will only cover the items for which it was scheduled. If either party brings in something new, the judge tells them to schedule a new hearing (obviously, not for trivial things, but for anything substantive).

So what exactly does the order for a hearing say will be discussed? if it says anything about custody, then she can bring it up and you'll need to be prepared to respond. If it doesn't, my guess is that she can't do it.

But that's based on incomplete information and, as I suggested, you should get an attorney's help if you think custody is going to be contested.

[Zephyr]

our order was extremely vague- it inly said custody is split 50/50 week on week off and that's about it

as far as I was aware the hearing was only for a determination of school district, the referred to NOTHING else in their motion

[mistoffolees]

Then I THINK my advice is correct. If the hearing order doesn't mention anything but school district, then I would object if she brings anything else up. Of course, your attorney may say something different.

Of course, that raises the question - why are you fighting so hard over which school district --- unless it's a prelude to something else later. I could imagine that if she's smart, she won't mention custody. Instead, she'll have all sorts of arguments on why it's better for the kids to be in the school district SHE resides in - and then LATER come back and ask for greater time since the kids go to school in her district. If that's the case, then you should be focusing on the hearing that's scheduled - school location. Make the best case you can for them going to school in your district.

[Zephyr]

That is exactly why school district is so important, if ex gets the determination for his school district, then my time with kiddo, which right now is 50/50 will go down to every other weekend, however if my school district is chosen then the current time schedule CAN easily be maintained. The school I want kiddo to go to is actually closer to ex's house than mine but it is in between, ex's school is further from him than my school and also over 30 miles from me.


ex's motion is only for the determination of school district and then mod of custody to fulfill that determination

hearings tomorrow, I have been working to get several motions, and all the other stuff prepared to be able to address any issue that comes up in court, from objectiing to the continuance, to requesting temp order, to be able to deal with the whole issue right then.....

the ex has provided a list of people he would like the GAL to speak with, none of whom have seen me in the past 3 years and certainly not since the last order

does anyone know if it is possible to get the judge to direct the GAL to only question these people as relates to the period of time since the last court order?

[Zephyr]

well ex just called- hearings rescheduled, I immediately called the clerk of courts and they verified.

I said: I was under the impression that there had to be a hearing regarding continuances

she said- let me transfer you

new person: yes your hearing has been rescheduled for July 9

I say: I thought there had to be a hearing for continances and then the judge decided whether to grant them or not, because I certainly would have objected

she says: mmm let me look and see how this came about...ok the hearing was rescheduled based on requests from both (ex's attorney) and the GAL

I say: Is this proper procedure to have something so important as a hearing rescheduled without any info or input from one of the parties?

she says: well I really don't know, I guess maybe you could ask the GAL


so I was nice and got off the phone- but I am really pissed off now.....



can they do this?

[mistoffolees]

>
>can they do this?


They obviously did.

I would say that when neither the GAL nor one of the parties can make it, that it's reasonable cause for a continuance - especially since it's only a few weeks. They should, however, have notified you.

[Zephyr]

they can both be there though, this continuance is based on the fact the the GAL needs to "investigate" ex's claims (don't even know what they are) and interview about a dozen people...ex didn't provide this info to GAL until last thursday when this case has been going on for over 6 months already

ex wants the GAL to interview people based on nothing provided in the motions- he never issued a complaint to the court about anything regarding my parenting

I think this is pretty blatant "manuevering" on his part

I filed a motion to object with and attached affidavit....hopefully the issue can be heard tomorrow

[mistoffolees]

>they can both be there though, this continuance is based on
>the fact the the GAL needs to "investigate" ex's claims (don't
>even know what they are) and interview about a dozen
>people...ex didn't provide this info to GAL until last
>thursday when this case has been going on for over 6 months
>already
>
>ex wants the GAL to interview people based on nothing provided
>in the motions- he never issued a complaint to the court about
>anything regarding my parenting
>
>I think this is pretty blatant "manuevering" on his part
>
>I filed a motion to object with and attached
>affidavit....hopefully the issue can be heard tomorrow


GALs have a great amount of freedom to investigate. If either parent raises concerns about the other parent, the GAL has the right (AND the obligation) to investigate. The court is going to consider a 3 week delay a trivial thing compared to the need to investigate allegations.

You'll get your chance to refute anything that comes out. The system moves slowly, though.