Preparing for court

[brodrzy]

I am scheduled to meet with the court referee in four weeks,


1 What is a Court referee?


2) What kind of things can I expect at this hearing?



 

[brodrzy]

My ex denied my visitation last tuesday. I called, she hung up on me. I went there and found that she had my daughter across the street hiding in a van. She stated that sd would not be coming over for visitation anymore. I have this on tape. I also called the police and have a police report.

1) Can I submit this as evidence for visitation modification, even though it ocurred after my original filing?

[socrateaser]

>My ex denied my visitation last tuesday. I called, she hung
>up on me. I went there and found that she had my daughter
>across the street hiding in a van. She stated that sd would
>not be coming over for visitation anymore. I have this on
>tape. I also called the police and have a police report.
>
>1) Can I submit this as evidence for visitation modification,
>even though it ocurred after my original filing?

What you are describing is extremely bizarre and even possibily criminal behavior. This is not some little baby. A 15 year old child doesn't hide with her mom in a van unless she does not want to be found.

What exactly do you have on tape, and why didn't the police come out and order the mother to release the child into your care?

[brodrzy]

I went to the home. She was not there. I saw them across the street. I saw the ex shaking her head no. She pulled in the driveway. She came out of the van. I asked where my daughter was, and she said it was her understanding that she wasn't coming over for visitation anymore. (ON TAPE) I asked if she knew where she was. She said yes. I asked if she would tell me. She said No I won't . She then told me to call the law guardian. I assume my daughter was in the van because she never made a move to go in the house and her other children were in the van. I would have looked but was concerned for myself, as I feel she would try to have me arrested. So I left and went to the Police station. They went to the door. At this time the stepfather said my ex and my daughter were not there. I will be going with the police from now on. I was by myself and therefore concerned about how she would report my getting out of the car. I did inform the law guardian. My daughter would hide if my ex pressured her to do so.

1 Can I submit this as evidence?




2 Can I treat the court referee hearing like a regular trial?


3 What is a court referee?




4 What can I expect at this hearing?

[socrateaser]

>1 Can I submit this as evidence?

Before I answer your question, I'm gonna spank you. If you massage your facts when you post them, you will simply not get good advice. Your story has changed. You cannot assume anything. You must be able to prove that what you say is true to the satisfaction of the court or the judge will ignore you. So, don't tell me that the mother hid the child in the car, unless you KNOW it from your own personal knowledge.

In this case, you don't know it -- assumptions are not facts, and the court will not permit you to assume things. OK?

Now, what you should have done is pull out your cell phone and call the police while you were standing right in front of the car and let your ex hear as you ask them to come out and help you enforce your visitation rights. You should have a certified copy of your court order that you can show to law enforcement whenever there is a question about whether you have the right to exercise visitation/custody.

More than likely, if you had done this, then your daughter would have magically appeared before the phone call was complete, because your ex would have suddenly become scared shitless at the prospect of being arrested or confronted by the police.

But, now, you have nothing other than your words as to what took place, which is basically worthless. A police report of what you say took place is not evidence that will support a contempt order. You need the police to witness the contempt act while it is happening.

>2 Can I treat the court referee hearing like a regular trial?

The referee is a mediator who will try to get the two of you to agree on some outcome such that the court will not be forced to hear the action. At this point, I don't see that you have much of a case, but, as I believe I mentioned before, you may want to ask for some counseling with you and the child, to determine if there's anything that you could do better.

Because, if your child trusts you, then she would have opened that car door and stepped out regardless of what her mom was thinking. But, the facts suggest that she does not trust you sufficiently to overcome her fear of her mother (and stepfather). So, you need to figure out what will give you the edge, because what you are doing so far ain't working.>
>
>3 What is a court referee?

A mediator who will attempt to get both parents to communicate towards a mutual solution without the judge's intervention.
>
>4 What can I expect at this hearing?

See above.