? on showing mom knew about orders for contempt hearing

[DecentDad]

Hi Soc,

Prior attorney led me to believe biomom was personally served with judgment (i.e., just as he falsely led me to believe my objections were filed).

In preparing for the Friday contempt hearing, I'm not able to find any evidence (in my file) that prior attorney ever actually served her with this judgment.

I am able to show the following:

A) Subsequent to entry of judgment, biomom sent me two emails in which she refers to the current orders on other matters.

B) Biomom personally signed the settlement, which has exact clause on phone access as the judgment.

C) About a week into the two months of blocked phone access, I read aloud the judgment clause on phone access to biomom's voicemail, and I have audio recording of me doing that (recording has dial tone, digits dialed, biomom's voice in outgoing message, and my message with date and time also said aloud).

D) I sent approx 12 emails to biomom (after many of the days on which I couldn't reach daughter) advising her that she is violating the court orders, and asking for explanation.  She never responded.

E) Biomom was personally served with orders made prior to final judgment that likewise state parents shall have phone access to child (i.e., even if she was arguably unaware of the current orders, she was aware of prior orders for same and willfully violated them).

1.  Do you believe this meets the burden to demonstrate that biomom was aware of the order for unrestricted phone access?

2.  Else, any suggestions?

Thanks,
DD

[socrateaser]

>2.  Else, any suggestions?

There is no requirement that the parties be served with a copy of the final judgment. The COURT mails a "Notice of Entry of Judgment" to the parties. If the clerk issued that document, then the other party has constructive notice, and it becomes her problem to prove that she didn't get it.

But, of course, this means that she would have to testify, and thereby waive her right to remain silent, now doesn't it??? And, if she has an attorney, that's probably not gonna happen.

Anyway, you should be able to get a copy of the "notice" from the clerk. And, that's your proof. Is it proof beyond all reasonable doubt? Probably not, so if your ex testifies that she never received the notice, then you show her signature on the settlement, and ask if that's her signature. Then you have her read the text of the settlement relating to the contempt allegation. That's about all you should need to do.

[DecentDad]

Yes, I have a copy of the notice of entry of judgment.

Per the notice, the clerk sent it to each of us (by name) c/o our respective attorneys... so it sounds like she'd have to testify that her attorney never gave it to her.

Much thanks for a big WHEW.