Alright Soc, what did I do wrong? Kinda long

[lissa68]

Melissa(lissa68)  Iowa District Court

I originally filed a petition to modify custody and visitation. I filed in January of 2004, in Iowa, and Trial date is set for August 2004.

Friday April 16, 2004, I went and filed an amended petition with basis of my childs grades involved and a few other things, I also filed a motion for contempt and an order to show cause. They are posted after the message. Find out today upon looking at the Iowa Courts website..................there is a motion to dismiss, on everything I filed on Friday.


Just trying to figure out what I did wrong in filing this, as I verily believe that childs grades warrent the amended petition and the other incidents that were filed along with the grades.


Iowa Courts Online
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Trial Court Case Details
Parties Property ^ Date Updated
MOTION TO DISMISS 04/21/2004 04/21/2004 04/21/2004 CLOSED
Comments: THE MOTION FOR JUDGMENT ON THE PLEADINGS-
ORDER TO SHOW CAUSE
ANSWER
04/21/2004 04/21/2004 04/21/2004 CLOSED
Comments: TO AMENDED PETITION TO MODIFY
ANSWER 04/21/2004 04/21/2004 04/21/2004 CLOSED
Comments: TO CONTEMPT OF COURT
AMENDED PETITION 04/16/2004 04/16/2004 04/16/2004 CLOSED
FILED
Comments: TO MODIFY DEFAULT JUDGMENT-ENTRY
MODIFICATION OF VISITATION
OTHER APPLICATION 04/16/2004 04/16/2004 04/16/2004 CLOSED
Comments: CLAIMING CONTEMPT OF COURT ORDERS
MOTION 04/16/2004 04/16/2004 04/16/2004 CLOSED
Comments: FOR ORDER TO SHOW CAUSE REINFORCEMENT OF
VISITATION ORDER; AND ORDER
OTHER EVENT 04/02/2004 04/02/2004 04/02/2004 CLOSED
Comments: LETTER FROM RESPONDENT
OTHER EVENT 04/02/2004 04/02/2004 04/02/2004 CLOSED
Comments: LETTER FROM RESPONDENT
OTHER EVENT 03/15/2004 03/15/2004 03/15/2004 CLOSED




) EQUITY NO.
RESPONDENT )
) MOTION FOR ORDER TO SHOW
) CAUSE RE: ENFORCEMENT OF
) VISITATION ORDER; AND ORDER
)
PETITIONER )
________________________________________________________________________

1. MOTION

Respondent requests that the Court Order the Petitioner to appear in the Worth County Courthouse in Northwood, Iowa, to show cause why parenting time should not be forced in the following ways based on the violation of parenting time:

A. Modifying the provisions of the Visitation schedule by:

(1.) Specifying a detailed parenting time schedule, as follows:

a. Every Other Weekend Unsupervised Visitation from 6:00 P.M. Friday until 6:00 P.M. Sunday evening, for Respondent, to begin immediately.

(2.) Imposing additional terms and conditions on the parenting time schedule as follows:

a. To allow Respondent three-hundred forty-four hours (344) of denied parenting time to be made up to be effective immediately.

(3.) Ordering the following additional parenting time, as it is in the Best Interests of the Parties' minor child, to compensate for wrongful depravation of parenting time:

a. Allow Respondent three (3) consecutive weeks of summer visitation to begin on July 9, 2004.

B. Compel compliance with the Custody and/or Parenting Time Order.


C. Find the other party in civil contempt of court and order sanctions, which may include, but are not limited to, incarceration.
D. Ordering either or both parties to attend counseling or educational sessions focusing on the impact of violating the parenting plan on children.
E. Issue a civil arrest warrant or enter an Order for the requested relief should the other party fail to appear at the hearing.
F. Awarding the prevailing party his expenses incurred in enforcing the parenting plan, including but not limited to, attorney fees, filing fees and court costs.
G. Terminating, suspending, or modifying child support if the Court finds that parenting time has been denied or interfered with without good cause.
H. Enter an Order for other relief as deemed just and proper by the Court.

2. Order Establishing Parenting Time
A copy of the Order or Judgment establishing the Parenting Time is attached to this Motion.

3. Certificate of Document Preparation

I, the , prepared this document myself without paid assistance.
Dated: ________ day of ______________, 2004.

______________________________________





) EQUITY NO.
RESPONDENT )
) AMENDED PETITION TO MODIFY
) DEFAULT JUDGMENT-ENTRY
) MODIFICATION OF
) VISITATION RIGHTS
PETITIONER )
________________________________________________________________________




COMES NOW, the Respondent, and in this Petition, states to the court as follows:
That a Petition to Modify Default Judgment – Entry Modification of Visitation Rights was filed in the District Court on January 07, 2004. A copy of said petition is attached and incorporated hereinto by reference.
That new information has been received and therefore, the Respondent begs the court to amend his original petition.
Additionally, Respondent failed to make provisions regarding Medical and Dental Insurance Payments and Expenses, Income Tax Deduction and Court Costs and Fees.
WHEREFORE, due to the changes, Respondent respectfully requests that this Court include the following amendments to modify the current custody arrangements as follows:

Terminate Mother's Sole Physical custody and award Joint Legal Custody with Physical Custody to the Father.
Award Mother with Visitation as outlined in the Parenting Plan which is attached and incorporated hereinto by reference.
Mother should provide medical and dental insurance for the minor child and the parties should be ordered to pay for all reasonable unreimbursed medical, dental, and health related expenses incurred for the child in proportion to their respective incomes.
Father should claim the tax deduction for child on even number years and Mother should claim the tax deduction on odd number years providing that child support due and payable during the tax year is paid in full. If so, then Father shall execute the necessary form as outline by the Internal Revenue Service.
Mother shall reimburse Father all court costs and fees associated with bringing for this action.
Dated this _____ day of __________, 2004



________________________________________________________________________

COMES NOW, the Plaintiff, who states that on the 25th day of March, 2002, and the 3rd day of September, 2002, a Court Order, with copies attached hereto, was entered which ordered that the Plaintiff/Respondent be allowed Visitation with parties minor child. The Defendant had knowledge and notice of said order. Nevertheless, the Defendant willfully and unlawfully violated said order by:

(1). Failing to allow Plaintiff/Respondent his Court Ordered Visitation time with their joint child.
(2). Willfully disobeying Court Order dated September 3, 2002. In regards to "Visitation Supervisor."
(3). Discussing with parties' minor child aspects of the parties' divorce, custody, and visitation issues. Also personal feelings of Defendant/Petitioner towards Plaintiff/Respondent.
(4). The Defendant/Petitioner has failed in her role as the custodial parent of our child by not fostering a relationship between our joint child and myself, and has sought to diminish the love, respect and affection that the child has for me" and " The Mother has made no effort to communicate with me, regarding any issues concerning our joint child."
(5.) Relaying messages and questions through the parties minor child for Plaintiff/Respondent.

The facts in support of this application claiming Contempt of Court Orders are set forth in the Affidavit attached hereto and are made part hereof by this reference.





WHEREFORE, THE FATHER/RESPONDENT PRAYS THE COURT.
finds the Defendant/Petitioner in Contempt of the Judgments or Orders, and enters an order that:



A. Finds the Defendant in Civil Contempt of Court and order sanctions, which may include, but are not limited to, incarceration.
B. The Plaintiff/Respondent be granted Temporary Visitation Rights with Parties' minor child consisting of unsupervised Every Other Weekend Visitation from Friday evening at 6:00P.M. until 6:00 P.M. Sunday evening, in his home in Sheldon, Iowa, until trial date in August, 2004.
C. Allow Plaintiff/Respondent three (3) consecutive weeks of summer visitation to take place at Father/Respondents home in Sheldon. To begin the first week in July of 2004.
D. That the Defendant/Petitioner be prohibited from discussing Parental Issues and Adult Matters with the parties' minor child, including but not limited to, custody and visitation aspects.
E. That Defendant/Petitioner be prohibited to engage parties' minor child as a go-between for Defendant/Petitioner and Plaintiff/Respondent.
F. That the Defendant/Petitioner be held responsible for any and all costs incurred in the filing of this motion, including all court costs.

And that Plaintiff/Respondent be granted such other and further relief as the Court feels right and just.


Questions:

1.  Has this been done by the judge or ex's attorney?

2.  If I filed the motion and amended petition wrong, do I get a second chance to refile it?  Meaning, I may have forgotten a few small little things that should have been attached.

3.  Could it be my wording was incorrect in this?

Thanks Soc, and if you feel the need to chew my butt go for it, I am pretty sure I deserve it, lol, but be nice  ;)

Lissa68

[socrateaser]

>1.  Has this been done by the judge or ex's attorney?

I can't even follow the logic of the case from your post. Who is respondent and who is petitioner? Your motions are not exactly an example of clarity in legal writing. You need to remember that the judge who will read your pleadings will treat them EXACTLY as I treat the posts on this board. He/She will read them as fast as possible, and if it becomes difficult or wearing to follow, the simple solution is to DENY the motion, or reject it as not in proper form.

Big example is that when you start the motion, you need to state (ex. assumes Petitioner submission):

"Comes now, YOURNAME, Petitioner, pro se, and hereby moves that..."

Then there is no way from the start, that the reader cannot know who's moving for what.

>
>2.  If I filed the motion and amended petition wrong, do I get
>a second chance to refile it?  Meaning, I may have forgotten a
>few small little things that should have been attached.

If the motion is rejected, then yes, if it's denied, then yes, but only if you have new facts to support the new motion.

>
>3.  Could it be my wording was incorrect in this?

This is an art, not a science. The object is to be CLEAR AND SUCCINCT. Time is money in court.

As to the submission of a motion to dismiss by the other party, this usually indicates that the other party thinks your pleadings are frivolous and not deserving of a response, so the easy out is to merely ask for a dismissal of the entire action.

And, a motion is not an order actually dismissing your action. Right now, there is only a motion REQUESTING an order dismissing the action. Frankly, I can't even find the motion to dismiss to which you refer -- why don't you repost it separately.

[lissa68]

Melissa(lissa68) Iowa is the State, District court

Husband is the Respondent, ex wife is Petitioner

Husband is pro-se, ex wife has attorney.

This is the motion for application for contempt of court:


     COMES NOW,  the Plaintiff, who states that on the 25th day of March, 2002, and the 3rd day of September, 2002, a Court Order, with copies attached hereto, was entered which ordered that the Plaintiff/Respondent be allowed Visitation with parties minor child.  The Defendant had knowledge and notice of said order.  Nevertheless, the Defendant willfully and unlawfully violated said order by:

(1). Failing to allow Plaintiff/Respondent his Court Ordered Visitation time with their joint child.
(2).  Willfully disobeying Court Order dated September 3, 2002.  In regards to "Visitation Supervisor."
(3).  Discussing with parties' minor child aspects of the parties' divorce, custody, and visitation issues.  Also personal feelings of Defendant/Petitioner towards Plaintiff/Respondent.
(4). The Defendant/Petitioner has failed in her role as the custodial parent of our child by not fostering a relationship between our joint child and myself, and has sought to diminish the love, respect and affection that the child has for me" and " The Mother has made no effort to communicate with me, regarding any issues concerning our joint child."
 (5.)   Relaying messages and questions through the parties minor child for Plaintiff/Respondent.

     The facts in support of this application claiming Contempt of Court Orders are set forth in the Affidavit attached hereto and are made part hereof by this reference.





     WHEREFORE, THE FATHER/RESPONDENT PRAYS THE COURT.
 finds the Defendant/Petitioner in Contempt of the Judgments or Orders, and enters an order that:



A.  Finds the Defendant in Civil Contempt of Court and order sanctions, which may include, but are not limited to, incarceration.
B. The Plaintiff/Respondent be granted Temporary Visitation Rights with Parties' minor child consisting of unsupervised Every Other Weekend Visitation from Friday evening at 6:00P.M. until 6:00 P.M. Sunday evening, in his home in Sheldon, Iowa, until trial date in August, 2004.  
C.  Allow Plaintiff/Respondent three (3) consecutive weeks of summer visitation to take place at Father/Respondents home in Sheldon.  To begin the first week in July of 2004.
D.  That the Defendant/Petitioner be prohibited from discussing Parental Issues and Adult Matters with the parties' minor child, including but not limited to, custody and visitation aspects.
E.  That Defendant/Petitioner be prohibited to engage parties' minor child as a go-between for Defendant/Petitioner and Plaintiff/Respondent.
F.  That the Defendant/Petitioner be held responsible for any and all costs incurred in the filing of this motion, including all court costs.

And that Plaintiff/Respondent be granted such other and further relief as the Court feels right and just.


This is the order to show cause motion:


1. MOTION

     Respondent requests that the Court Order the Petitioner to appear in the Worth County Courthouse in XXXXXXXX, Iowa, to show cause why parenting time should not be forced in the following ways based on the violation of parenting time:

     A.   Modifying the provisions of the Visitation schedule by:

           (1.)  Specifying a detailed parenting time schedule, as follows:
   
    a.  Every Other Weekend Unsupervised Visitation from 6:00 P.M. Friday until 6:00 P.M. Sunday evening, for Respondent, to begin immediately.

   (2.)  Imposing additional terms and conditions on the parenting time schedule as follows:

             a.  To allow Respondent three-hundred forty-four hours (344) of denied parenting time to be made up to be effective immediately.

   (3.)  Ordering the following additional parenting time, as it is in the Best Interests of the Parties' minor child, to compensate for wrongful depravation of parenting time:

   a.  Allow Respondent three (3) consecutive weeks of summer visitation to begin on July 9, 2004.

     B.  Compel compliance with the Custody and/or Parenting Time Order.

   
     C.  Find the other party in civil contempt of court and order sanctions, which may include, but are not limited to, incarceration.
     D.   Ordering either or both parties to attend counseling or educational sessions focusing on the impact of violating the parenting plan on children.
      E.  Issue a civil arrest warrant or enter an Order for the requested relief should the other party fail to appear at the hearing.
      F.  Awarding the prevailing party his expenses incurred in enforcing the parenting plan, including but not limited to, attorney fees, filing fees and court costs.
       G.  Terminating, suspending, or modifying child support if the Court finds that parenting time has been denied or interfered with without good cause.
        H.  Enter an Order for other relief as deemed just and proper by the Court.

2.  Order Establishing Parenting Time
     A copy of the Order or Judgment establishing the Parenting Time is attached to this Motion.


This is the amended petition:


COMES NOW, the Respondent, and in this Petition, states to the court as follows:  
That a Petition to Modify Default Judgment – Entry Modification of Visitation Rights was filed in the Worth County, Iowa District Court on January 07, 2004.  A copy of said petition is attached and incorporated hereinto by reference.
That new information has been received and therefore, the Respondent begs the court to amend his original petition.  
Additionally, Respondent failed to make provisions regarding Medical and Dental Insurance Payments and Expenses, Income Tax Deduction and Court Costs and Fees.
      WHEREFORE, due to the changes, Respondent respectfully requests that this Court include the following amendments to modify the current custody arrangements as follows:

Terminate Mother's Sole Physical custody and award Joint Legal Custody with Physical Custody to the Father.
 Award Mother with Visitation as outlined in the Parenting Plan which is attached and incorporated hereinto by reference.
Mother should provide medical and dental insurance for the minor child and the parties should be ordered to pay for all reasonable unreimbursed medical, dental, and health related expenses incurred for the child in proportion to their respective incomes.
Father should claim the tax deduction for child on even number years and Mother should claim the tax deduction on odd number years providing that child support due and payable during the tax year is paid in full.  If so, then Father shall execute the necessary form as outline by the Internal Revenue Service.  
Mother shall reimburse Father all court costs and fees associated with bringing for this action.



This is what I found on the Iowa Courts Website, I have not recieved the Motion to Dismiss in the mail as of yet, but am assuming to recieve it today or tomorrow:



Event   Filed By             Filed            Create          Last              Status
^   Date             Updated
MOTION TO DISMISS   04/21/2004   04/21/2004   04/21/2004    CLOSED

Comments: THE MOTION FOR JUDGMENT ON THE PLEADINGS-
ORDER TO SHOW CAUSE
ANSWER   04/21/2004   04/21/2004   04/21/2004    CLOSED

Comments: TO AMENDED PETITION TO MODIFY
ANSWER   04/21/2004   04/21/2004   04/21/2004    CLOSED

Comments: TO CONTEMPT OF COURT
AMENDED PETITION   04/16/2004   04/16/2004   04/16/2004    CLOSED


Comments: TO MODIFY DEFAULT JUDGMENT-ENTRY
MODIFICATION OF VISITATION

OTHER APPLICATION   04/16/2004   04/16/2004   04/16/2004    CLOSED
Comments: CLAIMING CONTEMPT OF COURT ORDERS

MOTION   04/16/2004   04/16/2004   04/16/2004    CLOSED
Comments: FOR ORDER TO SHOW CAUSE REINFORCEMENT OF
VISITATION ORDER; AND ORDER


Hopefully this is a bit clearer.


Questions:

1.  If I filed the motion and amended petition wrong, do I get
>a second chance to refile it? Meaning, I may have forgotten a
>few small little things that should have been attached.

2.  Has this dismissal motion been done by the judge or ex's attorney?

3.  Could it be my wording was incorrect in this?























 

























       

[lissa68]

Melissa(lissa68)

Iowa Courts

My Hubby Respondent, Pro-Se

Ex wife, Represented by attorney

Clerk of Court says I have 14 days to file an answer to these motions to dismiss, only thing is, I do not know how to.

So asking for your guidence in how to answer these motions so they get heard by the judge, as I verily believe they are important and need to be heard.

1st Answer:

ANSWER - AMENDED PETITION TO MODIFY
   *
   *
COMES NOW, the Petitioner, and, in this Answer to Respondent's Amended Petition to Modify, states to the Court as follows:
1.        The Petitioner admits that the attachment to Respondent's Amended Petition is as pled by Respondent.
2.        The Petitioner denies paragraph 2 and each and every affirmative allegation contained therein.
3.        The Petitioner denies paragraph 3 and each and every affirmative allegation contained
therein.
WHEREFORE, PETITIONER PRAYS, that Respondent's Amended Petition to Modify be dismissed at Respondent's costs;
PETITIONER FURTHER PRAYS that she have and be given such other and further relief as to the Court may be equitable in the premises.

2nd answer:


ANSWER - CONTEMPT OF COURT
COMES NOW, the Petitioner, XXXXX XXXXX XXXXXXX, and, in this Answer, states to the Court as follows:
1.        Denied.
2.        Denied.
3.        Denied.
4.        Denied.
5.        Denied.
6.        Each and every other affirmative allegation of said application is herewith denied.
WHEREFORE, PETITIONER PRAYS, that Respondent's Application for Contempt be dismissed at Respondent's costs;
PETITIONER FURTHER PRAYS that she have and be given such other and further relief as to the Court may be equitable in the premises.


3rd Answer:


   *
   *         MOTION TO DISMISS/MOTION
   *         FOR JUDGMENT ON THE
   *         PLEADINGS - ORDER TO
   *         SHOW CAUSE
COMES NOW, the Petitioner, and, in this Motion to Dismiss/Motion for Judgment on the Pleadings-Order to Show Cause, states to the Court as follows:
1.        That on April 16, 2004, Respondent filed an Application for Contempt herein.
2.        That on or about April 16, 2004, Respondent filed an Amendment to his Petition for Modification of a Dissolution of Marriage Decree.
3.        That Respondent's Motion for Order to Show Cause is a duplicative pleading to documents already on file in this case.
4.        That said Motion for Order to Show Cause fails to state a claim upon which relief can be denied accordingly.
5.        That, alternatively, Petitioner is entitled to Motion for Judgment on this pleading for
the same reasons.
WHEREFORE, PETITIONER PRAYS, that Respondent's Order to Show Cause be dismissed at Respondent's costs;
PETITIONER FURTHER PRAYS that she have and be given such other and further relief as to the Court may be equitable in the premises.


Questions:

1.  How do I respond to these?  Meaning is it, " The Respondent, Pro-se, blah blah blah?  Or what is the proper technique?

2.  What do I do in order to get these heard?


Thanks Soc,  Lissa68

[socrateaser]

>1.  How do I respond to these?  Meaning is it, " The
>Respondent, Pro-se, blah blah blah?  Or what is the proper
>technique?

You don't need to "reply" (i.e., the legal term for the movant's second pleading in a motion) to the first two pleadings. Both sides have made there statement, and that is all that the court requires.

However, the third pleading is a motion by your opponent, and now you must "respond." I don't have time to do this for a couple of days, but I will get to it. In the meanwhile, I want you to think about why your opponent is saying that you have made a claim for which relief cannot be granted. Why is the relief being objected to? What are your legal grounds for a contempt motion, and for your other motion.

If you know the reason why you are right to file the motions in the first place, then you can respond in a lawyerlike fashion and the court will NOT dismiss your order to show cause.

When you have thought through your answer, post it. It will save both of us time.

>
>2.  What do I do in order to get these heard?

Ask for a hearing date.