Question about Motion

[Granny]

Merry Christmas Soc!  Hoping you will have a good holiday season.

My son is pro se and has filed a contempt motion against his ex in a paternity action.  

He filed for the hearing and a Commissioner signed off allowing the hearing to go forward.  It is set early in the new year.  

Since the motion was filed more information has come to light that wasn't available then and which should strengthen the contempt motion.  In our state he files then serves the other party.  The other party can then answer and after that he can respond to her response.  It is argued in court after that.

Questions follow:

1.  Would it be appropriate to file an amended motion including the newly discovered information?

2.  If not an amended motion, what would we name the new motion?  Could we call it an addendum or something like that?

3.  If he doesn't file an amended motion, can he still provide the newly discovered information should the bm not respond to his written complaint?

4.  Would it be better to file an amended motion or just add the new information in his final response?

5.  Is it true that courts don't like to find contempt on parenting plans?

Hoping this makes sense.  Any help would be greatly appreciated.  BTW, he was in court several awhile ago pro se and gained a lot more time.

Thanks for any help.

Gran

[socrateaser]

I'm sorry, but I don't answer purely technical procedure, because I may misdirect you. The right procedure always depends on the facts of the case, of which you have provided none.

If you have facts about the case that you wish to share, I will answer questions based on those facts. Those answers will probably cover the proper procedure.

[Granny]

Sorry bout that Soc.

We live in WA State.  The mother is being brought on contempt charges for failing to inform the father of an appointment with a surgeon and and when she did see the surgeon, signing for surgery for the child without the father's input or consent.

The orders of the court are very specific that anything that concerns evaluation of the children can be done only with mutual consent of each parent unless it's an emergency, in which case the person who has the children with them at the time makes a decision.

The court orders are also specific in that the mother is to inform the father when she's scheduled (or attempted to schedule) a medical appointment for the children to allow him to be present.

She has not been doing this and has not only taken them to a doctor (who has written a letter for my son), but has taken the child to a surgeon and signed for the child to have surgery without the father's consent or knowledge.

She has been developing a pattern of violating the order and he's filed a motion.  Things such as allergies, etc., were not considered and the mother refuses to schedule the non-emergency surgery on a date where my son can be there.

In emails and in court paperwork the mother claims the appointment with the surgeon was at the last minute and there was not  time to invite son to the meeting where she signed consent for surgery.

We received information from the family physician that they scheduled the appointment to the surgeon 3 weeks before the appointment.  My son was not notified and has not provided consent for this surgery.

I'm not saying this right....I'm trying so please forgive.

So.he's filed a motion that will be heard in January.  She has been served and he wants to revise the motion to include the newly discovered information.  We are in WA State.

Questions follow:

1.  Would it be appropriate to file an amended motion
including the newly discovered information?

2.  If not an amended motion, what would we name the new
motion?  Could we call it an addendum or something like that?

3.  If he doesn't file an amended motion, can he still
provide the newly discovered information should the bm not
respond to his written complaint?

4.  Would it be better to file an amended motion or just add
the new information in his final response?

5.  Is it true that courts don't like to find contempt on
parenting plans?

Please don't hate me if I messed this up or sound stupid.

Gran

[Granny]

Just one more thing.  Son has been in touch with the hospital to let them know that until he has the opportunity to discuss the surgical issues with the surgeon, he will not consent to surgery for the child.

There are allergies, etc., that could impact any surgery being conducted.  He has sent a copy of the parenting plan which shows consent from both parties is needed as well as a letter informing them he has not given consent for them to operate on his daughter.

Gran

[socrateaser]

>1.  Would it be appropriate to file an amended motion
>including the newly discovered information?

I will refer to your son as Plaintiff below. If that's not the correct nomenclature, just change it as required.

If you are not asking for any different relief or remedy, but rather you only wish to add to the facts, then you can file a "Supplimental affidavit in support of Plaintiff's motion for contempt." Then, just state the new facts as you know them and provide whatever addition exhibits you wish to show.

If you are asking for some different sort of relief or remedy, and not just adding new facts, then you would need to file an "Amended motion for contempt."

However, if your purpose here is to let the other parent know that you can prove that the surgeon's appointment was not last minute, but rather 3 weeks in advance, then consider holding the evidence back, and using it to impeach the other parent's testimony in court. A judge, who observes a material falsification in open court is much more likely to find contempt and sanctions, if only to uphold the court's authority.

>
>2.  If not an amended motion, what would we name the new
>motion?  Could we call it an addendum or something like that?

See above.

>
>3.  If he doesn't file an amended motion, can he still
>provide the newly discovered information should the bm not
>respond to his written complaint?

Yes.

>
>4.  Would it be better to file an amended motion or just add
>the new information in his final response?

Most State courts don't permit a "reply" to the other party's response, on a motion, and I doubt that your jurisdiction is much different.

>
>5.  Is it true that courts don't like to find contempt on
>parenting plans?

The court will find contempt if you prove it. That means showing substantial evidence of the other party's willful disregard of a known, valid and enforceable court order.

The problem is that most people can't prove their case to the court's satisfaction, and when they do, they can't show any injury as a result. The judge won't sanction the other party in any meaningful way unless you or the child are materially injured.


>Please don't hate me if I messed this up or sound stupid.

Hate you? That's a powerful word. The only things I hate is mayo/miracle whip.