Letter to request parenting time

[crayiii]

I would like to fax a letter requesting parenting time over memorial day weekend to my wife's attorney.

Is there anything "special" that I should say in the letter or just ask for the weekend?

This is what I am thinking:

I am requesting parenting time over Memorial Day weekend.  I propose the following schedule:

Father will pick up child from mother's residence by 7pm May 27.
Mother will pick up child from Father's residence by 7pm May 30.

Please contact me by May 18 at 5pm so I can make my necessary travel arraignments.

[socrateaser]

I've rewritten your letter, but here's the deal. You need to be read and able to act when the other party fails to accomodate you, otherwise, all of this is just a waste of resources (mine, and yours). So, if you're not able to take off work and go to Spokane and seek emergency relief, then all of this is just begging, and pretty quick, your opponent will realize that he/she can ignore you. Letter follows:

Dear, attorney:

I would very much like to spend time with my son over Memorial Day weekend, as I have not seen him since ??/??/200?. Will you please ask Ms. X if she will agree to drop the restraining order so as to allow me the following exercise of custody:

I will pick up child from mother's residence no later than 7pm May
>27.

Ms. X will pick up child from my residence no later than 7pm May
>30.

I believe that the above arrangement is entirely reasonable under the circumstances. As time is running short, if I do not receive a positive response by 5PM, 05/19/05, I will assume that your client does not wish to cooperate in this matter, and I will seek an emergency order to obtain the visitation.

If you have any questions or concerns, please do not hesistate to contact me immediately.

Sincerely,

[crayiii]

Thank you!

I have a good career and a position that allows me to take off work when needed (I'm salary) and a desire to do what is right for my son.  I assure you that I won't waste anyones time.  I am very thankful for the help you have been providing!!!!

[crayiii]

http://www.spokanecounty.org/superiorcourt/sc/pdf/ExParteNoteForHrg.pdf

I am preparing the motion for the emergency hearing in case I don't hear back.  This is the form that I received in the mail from my wife's attorney when he scheduled the default hearing.

I have made arrangements to be in Spokan all of next week if necessary.

[socrateaser]

There doesn't really seem to be an applicable form for what you really want to do, however the most applicable that I can find is:

http://www.courts.wa.gov/forms/forms_word6/uh9_030.doc

Now, before we go further, I need to know where you're at with all of your other filings, before we take the next step, so:

What motions have already been filed by you or your spouse, and when is each set for hearing?

[crayiii]

I just sent you a link with information on the activity to-date but to summarize:


Original Motion was in Feb. (TRO, Dissolution, parenting plan)
Motion to determine jurisdiction filed in March
Motion for stay/dismissal in March
Several objections and motions in limine
A jurisdicational hearing was held in April
Motion for default filed in May
Motion to dismiss filed in May (I asked to bifurcate the custody matter and the dissolution)
I filed a motion and declaration for a temp parenting plan in May
I filed the motion to show cause that I emailed to you.

There aren't any hearings that I see on the calendar as of today although I just asked for one for June 3.

[socrateaser]

OK, if you've already filed that show cause for a set aside, then you have something in front of the court, but there was no hearing set. It probably should have been an ordinary motion, but the judge may let it slide. Anyway, you need to call the family law clerk, and/or the judge's assistant, and find out what you need to do in order to get a hearing set on that motion prior to Memorial Day. You may need to file a separate motion to expedite the hearing date, or perhaps the form dismissal motion that I pointed you to eariler.

The clerks may or may not be cooperative. Be nice, but don't act stupid, either. If they think you don't have a clue, they will blow you off. On the other hand, if you try to be an attorney and you miscommunicate, they will blow you off for that, too. It's a fine line.

The clerk's control the judge's calendar, unless the judge sets a hearing date in the courtroom during a prior hearing, so your ability to get the clerks'/assistants's cooperation is a big deal in representing yourself.

[crayiii]

I've spoken to the clerk and she was very helpful.  She said that the hearing should show up on the calendar by tomorrow.  It will show up as June 3 and I didn't ask about moving it up (hadn't seen your reply yet).

She suggested one option was to show up in person and try to get an ex parte hearing.  She then let me know that I should stop by the family law facilitator's office.

I've started getting things ready for "my side" of things.  This is what I have as evidence:

A petition for dissolution in another state that she filled out (never filed) and sent to me a couple of months before she sent the WA ones.  In the paper she checked the box that says there was never a history (reported of not) of any DV.  She then signed the page.  She is now claiming that she didn't check the box but she did sign it.  She is claiming that I checked the box after getting the papers.  The papers are exactly as I received them

Two weeks (I hadn't been served yet) after filing for the TRO she was still having our son call me.  This is backed up by her call log that she included in her follow-up declaration.

Everything else is "he-said, she-said".

[socrateaser]

Everything you're collecting is meaningless. You need to read the affidavit in support of the TRO and decide what you can prove false. That is ALL that matters to get the TRO set aside. Send me the TRO and her supporting affidavit or post the text here without naming names.

[crayiii]

I'll look and see if there is something specific in the TRO but I believe it was all part of her 10 page declaration.  I have responded to her declarations with my own disputing, offering evidence against what she has said, and denying her alegations.

Do I need to include declarations specific to the TRO or will my past ones suffice?