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Letter to request parenting time

Started by crayiii, May 17, 2005, 09:56:48 AM

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crayiii

Her accusations in the TRO include the following:

I controlled her by installing camera's and automatic locks on the house.
I take medication for bi polar disorder
I kidnapped my ex-wife and spent time in prison for it
I assulted her ex-husband
I said I was going to kill myself in front of her
I said I was going to make her life miserable

she is afraid that I will kidnap her and our son


(deleted by moderator for privacy concerns)

That's about it!


socrateaser

Rule #1 in life. Never admit anything in writing. Someone who is not your friend may be watching you here, so I am deleting that part of your last post. Now:

1. Get letter(s) from primary physicians stating that he/she has never prescribed antidepressants to you during the past X years.

2. Contact Sheriff's office and see if you can get them to give you a "rap sheet" on yourself. If it's clean then that would completely controvert your spouse's allegations.

The rest of the allegations are he-said, she-said, and hearsay, unless your spouse's ex husband intends to show up and testify that you kicked his car. Your objective is to demonstrate credibly that your spouse falsified her affidavit in some major way. The bi-polar lie and the law enforcement lie would do that, and more -- if you can credibly demonstrate them as both being false, then you could get your spouse thrown in jail for quite a few days, because lying on a anti-harrassment TRO affidavit is a BIG deal.

Now, the last question is, how have you responded to the TRO, or have you already sent that to me? If not, then I need to see what you already said. You may want to submit a supplemental affidavit.

crayiii

I responded to her allegations by demanding that they produce evidence of any conviction in any court of the country and denying all kidnaping and incarceration allegations.

Her ex wrote a declaration stating that I kicked his car (12-years ago).

My Dr. wrote a declaration stating that I was on no medication that would inhibit my ability to be an effective parent.

I responded to everything during the jurisdictional arguments because they were originally saying that WA had jurisdiction due to an emergency situation.

I don't think any of this was directly in reply to the TRO just jurisdiction.  In her TRO declaration she states that her declaration is incorporated by reference.

I have included a lengthy declaration with my Motion for temp parenting plan that disputes her TRO allegations.

socrateaser

>I responded to her allegations by demanding that they produce
>evidence of any conviction in any court of the country and
>denying all kidnaping and incarceration allegations.
>
>Her ex wrote a declaration stating that I kicked his car
>(12-years ago).
>
>My Dr. wrote a declaration stating that I was on no medication
>that would inhibit my ability to be an effective parent.
>
>I responded to everything during the jurisdictional arguments
>because they were originally saying that WA had jurisdiction
>due to an emergency situation.
>
>I don't think any of this was directly in reply to the TRO
>just jurisdiction.  In her TRO declaration she states that her
>declaration is incorporated by reference.
>
>I have included a lengthy declaration with my Motion for temp
>parenting plan that disputes her TRO allegations.

Thoughts:

Any evidence offered in the jurisdictional dispute can be offerred again later, if it goes to prove an issue before the court that was not previously decided on its merits. So, since jurisdiction is off the table, the same evidence, if relevant, can be offered in support of, or to oppose the TRO.

Kicking the car 12 years ago with no other subsequent, similar aggressive behavior weighs more in your favor than against you.

Your description of the doctor's declaration does not actually refute your spouse's allegations that you are diagonsed bi-polar, however it does suggest that the doctor doesn't find your condition to be unmanageble or a danger to the child, which is what is actually at issue re custody/visitation.

I'll continue to assume that you have never been convicted of a crime for which you served a sentence of imprisonment. If you get a conviction report from law enforcement confirming that your spouse lied about this issue, then she may find herself convicted of a crime and you will likely be awarded temporary custody.

PS. Please start another thread.