Going Back to Court Next Week.....

[TPK]

...for a 2nd conference Soc. Last appearance was 2 months ago which was a meeting in chambers. I'm guessing this hearing is much of the same.


More than a month ago, my attorney sent wife's attorney a proposal for settlement. This included parenting time EOW, who gets child on what holidays, summer visitation. We never did get a response, no letter, no phone call....nada....zilch.


1. Will the judge frown upon my opponents unwillingness to settle? I know you can't read a judge's mind, I'd just like to know what your experiences were with stubborn opponents.


My parenting time now is EOW Sat 9am to Sun 6pm which is just not enough.

2. If no settlement can be made regarding parenting time, can this issue go to trial??

Wife still won't vaccinate child.

3. Where can I find any case law on a vaccination related issue? I don't mean lawsuits brought against Pharm. companies either.


4. I'm trying to get my golf handicap back under 10, any suggestions??:-)


Thanks!


TPK

[socrateaser]

>1. Will the judge frown upon my opponents unwillingness to
>settle? I know you can't read a judge's mind, I'd just like to
>know what your experiences were with stubborn opponents.

Yes, the judge will bang heads and tell opposing counsel to get off his/her ass and settle, unless your wife has instructed her attorney not to respond or maybe she's not paying her attorney's bill.

>My parenting time now is EOW Sat 9am to Sun 6pm which is just
>not enough.

It never is, but, it probably won't get any better, unless you pay for the evaluation and go all the way to trial.

>
>2. If no settlement can be made regarding parenting time, can
>this issue go to trial??

See above.

>
>Wife still won't vaccinate child.

The judge will order it, if your attorney asks. If nothing happens afterwards, that would give you some leverage to reverse custody, especially if the mother starts moaning about alternative medicine in place of vaccination.

>
>3. Where can I find any case law on a vaccination related
>issue? I don't mean lawsuits brought against Pharm. companies
>either.

The issue is the fundamental constitutional right of a parent to direct the care of his/her child vs. the state's compelling interest in the child's welfare. The state always wins this argument, so you don't need any case law. The judge will just call bullshit and tell her attorney to have the kid vaccinated or go to jail until she agrees to do it.

>4. I'm trying to get my golf handicap back under 10, any
>suggestions??:-)

Loosen your grip on the club and concentrate on keeping your head completely stationary is space relative to the position ball on the ground. When your head moves during the swing, your body shifts and you don't hit the ball square. Oh, and keep looking at the spot on the ground where the ball is until after you hit it. Most people try to follow the ball so they move their head at the last instant and they don't actually see the ball strike, which means they probaby didn't hit it where they think they did.

Ted Williams said that he tried to "see" the ball hit the bat, and when he did, he knew he had a hit. That's good enough for me.

[TPK]

>>1. Will the judge frown upon my opponents unwillingness to
>>settle? I know you can't read a judge's mind, I'd just like
>to
>>know what your experiences were with stubborn opponents.
>
>Yes, the judge will bang heads and tell opposing counsel to
>get off his/her ass and settle, unless your wife has
>instructed her attorney not to respond or maybe she's not
>paying her attorney's bill.



Wife appears to be paying the bills, but I can't tell if it's the wife who is the problem or her attorney.



>
>>My parenting time now is EOW Sat 9am to Sun 6pm which is
>just
>>not enough.
>
>It never is, but, it probably won't get any better, unless you
>pay for the evaluation and go all the way to trial.


We have something up our sleeve on this issue. I will explain at a later time if needed.


>
>>
>>Wife still won't vaccinate child.
>
>The judge will order it, if your attorney asks. If nothing
>happens afterwards, that would give you some leverage to
>reverse custody, especially if the mother starts moaning about
>alternative medicine in place of vaccination.


Very interesting response.

1. Would I have to subpoena child's Dr. and have him testify? He has hammered on wife to vaccinate and she just waives him off.

2. Would I have to pay him as an expert witness or can he just be forced to appear via subpoena and give testimony??
>
>>
>>3. Where can I find any case law on a vaccination related
>>issue? I don't mean lawsuits brought against Pharm.
>companies
>>either.
>
>The issue is the fundamental constitutional right of a parent
>to direct the care of his/her child vs. the state's compelling
>interest in the child's welfare. The state always wins this
>argument, so you don't need any case law. The judge will just
>call bullshit and tell her attorney to have the kid vaccinated
>or go to jail until she agrees to do it.


Jail time, I like that.
>
>>4. I'm trying to get my golf handicap back under 10, any
>>suggestions??:-)
>
>Loosen your grip on the club and concentrate on keeping your
>head completely stationary is space relative to the position
>ball on the ground. When your head moves during the swing,
>your body shifts and you don't hit the ball square. Oh, and
>keep looking at the spot on the ground where the ball is until
>after you hit it. Most people try to follow the ball so they
>move their head at the last instant and they don't actually
>see the ball strike, which means they probaby didn't hit it
>where they think they did.

Gee Soc, it sounds like you play. I was a better golfer before getting married, and played very little after doing so. I used to play more than 40 times a year. I've shot in the 70s a few times years ago.

If you do play and are ever in the NJ area, look me up and the golf is on me! ;-)

Ted Williams??. Damn Soc, this is Yankees country around here. If you were my attorney just mentioning the Splendid Splinter would be grounds for your dismissal! :P


Thanks for your input, it's always appreciated.


TPK

[socrateaser]

>1. Would I have to subpoena child's Dr. and have him testify?
>He has hammered on wife to vaccinate and she just waives him
>off.

If you are only asking the Dr. to testify as to his personal knowledge of the fact of your spouse's refusal to vaccinate the child, and what he heard as her response re her rationale for doing so, then you won't have to pay. However, if you ask anything that starts with, "Dr., in your expert opinion...", then opposing counsel will object to the question as improper opinion -- no foundation, and unless you are prepared to pay for the doctor's expert testimony, then the court will probably sustain the objection. This is what's known in common parlance as "the mystery of the professions." (in other words, it's the conspiracy between those of us who have professional licenses from the govt. to take your money in return for our arcane practices, as against those of you in laity who don't.).

For what it's worth, though, when you pay the doc to appear, you almost always get better lay testimony, in addition to the expert opinion.

>2. Would I have to pay him as an expert witness or can he just
>be forced to appear via subpoena and give testimony??

See above.

[TPK]

Soc,

On the vaccination issue.

1. Is it important to include that in the divorce decree?



2. Will I be SOL if I wait til daughter is 2 years old (now 15 months) to bring an action in court about the vaccination?


3. If I waited til she was 2 years old would I appear to the court as not being overly concerned by waiting?

4. Should I being making a stink about it now?


In short, I'm wondering wether there any advantages either way to put it in the divorce decree NOW or bring some sort of court action when daughter is 2 years old. I want to make sure that if it's NOT in the divorce decree wether I'd be less likely to get the court to order post-decree.

5. If approaching this post-decree what would be the proper hearing to file...an OSC?

Just need your insight so I can discuss this with counsel tomorrow.


Thanks!

TPK

[socrateaser]

>Soc,
>
>On the vaccination issue.
>
>1. Is it important to include that in the divorce decree?

If you want something done, for sure, it must be ordered.

>
>
>
>2. Will I be SOL if I wait til daughter is 2 years old (now 15
>months) to bring an action in court about the vaccination?

No, but your daughter may be.

>
>
>3. If I waited til she was 2 years old would I appear to the
>court as not being overly concerned by waiting?

The court must act in the child's best interests, so while it might view you as careless, it would still have to reslove the issue.
>
>4. Should I being making a stink about it now?

It's your child. How important is the issue? Is this a real problem or are you inventing one to give you something to externalize your anger(rhetorical question)?

>In short, I'm wondering wether there any advantages either way
>to put it in the divorce decree NOW or bring some sort of
>court action when daughter is 2 years old. I want to make sure
>that if it's NOT in the divorce decree wether I'd be less
>likely to get the court to order post-decree.

Not less likely. But, this isn't about you. It's about your child. Reverse your thinking process.

>5. If approaching this post-decree what would be the proper
>hearing to file...an OSC?

Generally, the first action after a final judgment occurs as an Order to Show Cause, because the other party is entitled to personal service that a new action is begun, albeit under the same case number.