Discovery

[too_short]

The state is PA, mother has primary custody of 8 year old son.  Filed for custody in February.  Mother agreed to my discovery request -- to provide answers/supporting documents by November 4, 2004.  Mother never petition any discovery questions for us to answer.

Mother did not answer many of the questions and did not supply any documentation (such as school records, medical records, psych. records, etc.).  Asked her atty for documents and answers, atty replies she will supply answers when "they recieve the same."

I'm an out of state NCP; many of the discovery questions don't apply to me.



1)  They agreed to our discovery (and it was signed by a judge); can they now refuse it?



Thanks!

[socrateaser]

>1)  They agreed to our discovery (and it was signed by a
>judge); can they now refuse it?

No, but you'll have to move for a contempt order and sanctions to force the issue. Evidently your opponent believes that she can offset her client's contempt by demonstrating your contempt on the same issue.

Just because a question is not relevant, doesn't permit you to not answer it, so if you've been asked to supply certain discovery then you must either supply it, object on proper grounds, or state that you have insufficient information with which to answer the question.

Since I don't know what any of the discovery requests are specifically, I can't give you any specific responses.

[too_short]

Mother never petitioned me for discovery, so I have no court ordered obligations on this matter.   She does not know what records I have been able to gather and so doesn't want to supply more than what she thinks I possess.  There's quite a bit of stuff out there that I was able to get a hold of.  She doesn't understand joint legal :)

Thanks!

[socrateaser]

>Mother never petitioned me for discovery, so I have no court
>ordered obligations on this matter.

In family law, a number of discovery obligations are mandated by statute, and court rules. So just because the court didn't order any discovery, doesn't mean you're not obigated to discover certain information. Furthermore, if the other party's attorney requests discovery from you, and their request is "reasonably calculated to lead to the discovery of admissible evidence," then you must produce on their request or you may be held in contempt.