What to file???

[Imom]

DH is concerned bm will bring up the fact she wishes do pick up ss from school.

DH likes the fact of knowing that ss is picked up after school for the what if cases plus SS has daily medication that needs to be given to bm (ss can not take it to school (policy)).

There is no set times (or days) in the co. We have always had bm pick up at 3:30pm on the day school releases for said periods....this gives ss time to come home, change, clothes, say his good byes, I take him to dh to say good bye then drop him off at the neutral location.

This went on for about 2 years, then we started to meet halfway the day after school released for said periods at 12pm; did this for about a year.
This did not work out. So back to the above since last Thanksgiving.

Since there is no pickup time/day we have always picked up at 8am on the day before school resumes (remember its a 10 hour drive home).....there have been fights over this but......we will more then likely have to travel by car this Thanksgiving....unsure as of yet.

Now all of a sudden picking up at 3:30 cuts into bm's travel time. BUT get this would be willing to pick ss up from school, bring him to our (mine and dh's) home to change clothes, get his meds and say good bye, then take him to dh's work to say good bye. I guess she forgot all about the neutral location, Plus how does that really save time which leds back to what if she is running late, car trouble, etc.

Dh is unsure if this could be tangled into the Transportation Part of the Order......thus making it part of the motion he filed even though he only refered to air transportation. He would rather have the upper hand and beat bm to the punch if he can.


1. Should dh file a motion to have this settled at the same time of the hearing already set?

2. or is this a totally different matter

3. If this is a totally different matter and dh should not file anything how should he prepare for the fact that bm brings this issue up at the hearing?

[socrateaser]

>1. Should dh file a motion to have this settled at the same
>time of the hearing already set?

If there's still time to serve the other parent with another motion, then I'd try to have it set for hearing immediately after the existing motion. If you can do this, then I'd serve her and file it. Otherwise, I'd just stick to the existing orders until she refuses to comply with them, and then I'd file it as a separate motion.

>2. or is this a totally different matter

It's a different matter, mainly because you didn't raise it already, so the court's not briefed. It's different enough so that you can't really suppliment your existing motion, which is why I'm suggesting what I am suggesting.

>3. If this is a totally different matter and dh should not
>file anything how should he prepare for the fact that bm
>brings this issue up at the hearing?

Simple (sort of). "Your honor, Ms. X is raising an entirely different issue on which the court is not briefed, nor have I had an opportunity to consider an appropriate response. I therefor request that the court set this new matter for another hearing and give both parties an opportunity to brief the court on our respective positions."

[Imom]

m

[Imom]

Bm still has her attorney.....he filed a motion to allow her to appear by telephone and for the hering to be in chambers due to she lives 596 miles away and does not th finanical means to travel here for the hearing.

Its bm's own actions why the hearing must take place by not placing ss on the plane. Her argument is going to be that ss will be flying alone as thats in this motion as is only 9. (ss turned 10 on the 11th)

1. Can dh file something to object to this thus making her appear in person?

[Imom]

Dh has been (should say just started) recording his and bm's conversations. Indiana is a one party state and Mississippi is a one party state.

However we are still unsure if this is illegal. If this is he will stop doing so.

He called bm and asked about this situation bm stated she did not feel sure he should travel alone. Dh explained about the filght attendent, rooms like the Dusty's Den,etc.

Dh called her back because he wanted to make sure she understood what he wanted.....he didn't her permission to fly him BUT needed her help getting ss to the airport she stated NO.

Dh did tell bm he would pay for her fuel.

During these convos bm asked if we were having trouble getting ss up there. Dh explained no, that this would be cheaper and less travel time. Several times bm OFFERED to bring ss home she does not work in the summer.

Dh did not take her up on her offer because he does not trust her.

Dh would like to offer this to the court.....she was willing to bring ss home she did not ask for the money to bring ss home just that she would.
Now she can not come to the court hearing?

But on the other hand dh does not want to seem controling.

1. First question would be are the recordings illegal?

2. What would you recommend regarding these recordings if they are not?

[socrateaser]

>1. Can dh file something to object to this thus making her
>appear in person?

The following response assumes you are Respondent in your case...reverse with Petitioner, as appropriate. Also, if your jurisdiction uses judical forms for pleadings, then the supporting affidavit portion of this motion can be used as an attachment to the form:

------------------------------

(Standard Court Caption info for your juridiction: court name, party names, case number, etc.)

Respondent's Response to Petitioner's Motion for TITLEOFMOTION
Respondent, YOURNAME, in propria persona, hereby appears, and responds to Petitioner's motion for TITLEOFMOTION as follows:

State of ____, County of ____ ) ss.

I, YOURNAME, Respondent, after first being duly sworn, do hereby depose and say:

1. I oppose Petitioner's request to appear by telephone for the simple reason that Petitioner is attempting to avoid the very activity that I have attempted to mitigate through this instant motion, i.e., to avoid an unnecessarily time consuming drive between Petitioner's and my locations.

2. Ordinarily, I would not oppose Petitioner's motion, because I doubt that her personal testimony will be probative as to our child's maturity to make an unaccompanied trip on a major airline. However, it is a supreme irony that Petitioner would seek to impose an unnecessary drive upon me in pursuit of my exercise of parenting time with our minor child, that Petitioner would simultaneously seek to avoid that drive herself, by requesting permission to appear by telephone.

3. The court should immediately see the inequity in not demanding that she appear in court, as she demands that I appear to pick up our child.

4. Although I have already presented my points to the court in my motion pleading, the idea that Petitioner suggests that our reaosonably healthy 10 year old child cannot fly unaccompanied on a major air carrier, using the standard procedures specifically established by the airline to provide for such routine air travel, is a frivolous waste of the court's valuable time. Opposing counsel should have told Petitioner this, and thereby avoided this entire hearing, as well as Petitioner's unnecessary drive to appear and defend.

5. The court will not learn anything about our child's maturity to make this trip alone, whether Petitioner appears in person or not, but the court has already learned a great deal about Petitioner's own maturity, by her clear preference for forcing others to endure responsibilities that she is unwilling to endure herself.

For all of the foregoing reasons, I hereby request that the court deny Petitioner's request and order her to make her appearance before the court, in person, like everyone else.

By: _______
YOURNAME
Respondent, Pro Se
STREET
CITY STATE, ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ___ day of _____, 2005

By: ______
Notary Public
My commission expires: ______

------------------------------------------
Don't forget to provide a certificate of service to the court when you file the above, showing that you mailed this response to opposing counsel.  

That should fry their beans a bit. Don't know if it will work, but if it does, it will probably mean that you will win the motion without a hearing. So, it's worth a shot.

[socrateaser]

>1. First question would be are the recordings illegal?

I'd need to verify the laws of the jurisdictions, and the law of evidence related to the tapes being admissible in court. I don't really think that you need any recording of the other parent for this hearing. So, just keep them to yourself until it's really necessary to make a recording.

>2. What would you recommend regarding these recordings if they
>are not?

At the moment, the only person worth recording is the child, so that the court can assess his level of maturity. But, it's probably not worth the hassel to try to get the tapes heard. Your only real issue is whether the kid's mature enough to make the trip alone. For that you need merely suggest that the court order the child evaluated by a therapist. The court will either order a one session eval and a report, or it will rule one way or the other.

[Imom]

I am pretty sure this is not what your talking about.....but just wanted to mention I did talk to ss therapist about this issue (therapist sees ss (during the school months) and my three bio once a month) and he stated ss is mature enough and old enough....

He talked to me about the services the airlines offer, etc. Which we alrady have looked into.

We will just keep these on hand just for now. Thanks

[Imom]

certificate of service,


I have read over some old court documents of ours and a friends and here is what they all state.


                              CERTIFICATE OF SERVICE

I hearby certify that a true and accurate copy of the forgoing document has been served by the depositing the same in the United States Mail, First Class, postage pre-paid, this _____ day of xxxx, xxxx:


                                                NAMES OF THE PERSON (S) SERVED


                                                    SIGNED BY THE "ATTORNEY"

1. Would this be what you are talking about?



                                                           

[socrateaser]

>certificate of service,
>
>
>I have read over some old court documents of ours and a
>friends and here is what they all state.
>
>
>                              CERTIFICATE OF SERVICE
>
>I hearby certify that a true and accurate copy of the forgoing
>document has been served by the depositing the same in the
>United States Mail, First Class, postage pre-paid, this _____
>day of xxxx, xxxx:
>
>
>                                                NAMES OF THE
>PERSON (S) SERVED
>
>
>                                                    SIGNED BY
>THE "ATTORNEY"
>
>1. Would this be what you are talking about?              

Yes, but you, or some other non-party must sign the cert and it and the rest of the response must be filed with the court. A copy of the response and the cert should be served on the other attorney. You must mail the copy and cert on the attorney BEFORE you file the originals with the court. Also, the cert signator must add their address.

The court already knows how to find the attorney, but the court won't know anything about a third party.