I haven't cried since I was a kid

[Kitty C.]

I think he's up on CA info and would know, but given the situation, there sure should be a change of venue.....but that's JMO.......

[VeronicaGia]

I know Soc usually reads his own board and ususally will not read such long posts.  Can SPARC ask Soc to read this entire thread?  This guy needs more help this minute then I've needed my entire life.  

[homewrecked]

I'm not too good at the whole journal thing, but everybody seems to think I should.  I'm going to buy a book today for that purpose.

I have been told that I can only record conversations with a court order, and that it is pretty much automatic along with a restraining order.

I have thought about the change of venue idea, and if it comes down to it, I'll try it for the divorce procedings.  I don't have the three months in this county required to file for divorce, so I filed for legal separation (no residency requirement).  Hopefully, she won't be smart enough to file divorce up there before my three months are up.  If she does, it will be impossible for me to receive fair treatment in that community, and I am banking on the option of bringing the case to San Diego.

As far as the court coming up, I think I'd just as soon take my chances up there rather than waiting another month for a new trial. (It will have been over 5 weeks of no contact with my children) I don't think I can do that again.

Thank you peanuts dad, and everyone for your comments and suggestions...  Please keep them coming!

[homewrecked]

Believe it or not, there are NO private investigtors in that community.  Keep in mind, it is a VERY small town.  The only major store is Wal-Mart and the nearest city is Reno, Nevada (100 miles).  The nearest California city is Redding (140 miles)

I have talked to one agency out here, and was told it would cost me tens of thousands to get any kind of services for that distance with no guarantee of results.

There are no attorneys willing to help me (as if I could afford one).  The lawyers here say that I can retain them once I get proceedings started in this county.  

This, you ain't gonna believe...  I have contacted EVERY SINGLE attorney except two in her county.  The two I haven't contacted, are her instructors in her Administration of Justice classes.  You starting to understand wht I'm up against?  All the others told me that either they are too busy with ongoing cases, or that my case is just too complicated.  Yeah right, she has the whole town in her back pocket.  God, I have always made fun of those conspiracists, who say everyone is against them.  

Look at me now.

[Kitty C.]

Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

~~~~~~~~~
This means that both parties must know that the conversation is being recorded.  What you can do is send her a letter (RRR) stating that as of such date, ALL conversations between you both will be recorded by you.  If she contines to call and talk, she is giving 'implied' consent.  If she says no, she will have to find some other way to communicate.  You can also do this with taping conversations in person.

The thing is, if she refuses consent, the only other way you can communicate is by either atty., e-mail, or letter, which means it's STILL documented, or at least witnessed.  Which is EXACTLY what you want.

Hope this helps..........  

[Davy]

For example visitation exchanges, police station interviews, traffic pull overs, a judge's chambers, etc, etc,etc.  In TX, many father's had at least one micro-cassette hidden to  legally record whenever.

The use of micro-cassettes gained in popularity after a father's body was found at the bottom of a ravine following an attempt by the father to pick-up his child from the BM for court-ordered visitation period.

The micro-casette recorded everything. The BM, a senior high English teacher, is now history along with the father.  

[MYSONSDAD]

Do you know any ex cop or cop who would do this on the side? Some one you can trust to follow her. Find out where your kids are. Any military buddies? Friends or family she does not know.

If you get any calls, you can trace who owns the phone thru the white pages on the internet. It is a reversal, where you put in the phone number.

Are you and she in the same county? Have you come from another county and lived in 'that county' for six months?

Read up on the state statues. That will open your eyes on your rights.

[homewrecked]

I've been out of the military for nine years now, and no old contacts.  No cop buddies on my side, just hers.  I have a tape recorder on my phone line and caller ID, (the tape is illegal  - screw it)

We are on opposite ends of California, and the court down here has no jurisdiction, because I have only been here since January 1st.  We lived up there for about a year and a half.

I think I'm fairly up to date on these issues.  I mistakenly filed for divorce down here, so that she would have to travel to fight me.  After the fact, I discovered that I have to live here for three months to give them jurisdiction.  She hadn't been served yet, so I went back to the courthouse and amended the filing to legal separation (no residency requirement).  She will be served first thing in the morning.  I guess I'm in limbo for awhile as I wait for her response.

Meanwhile, keep the comments coming....  You people have been an inspiration and a real source of comfort to me these last couple days!

[homewrecked]

That is a great idea... I'm going to type up the letter tonight.  Thank you so much for all your input!

[homewrecked]

I will research that and post an answer for you and everyone else when I get an answer.