Filed Exception - Now the Court wants transcripts!

[notnew]

I filed an exception to the summary of findings report generated from the Ex-Parte hearing to get custody of my child. Now the court says they need transcripts of the hearing to consider the exception. What is this about and do I have to provide them? It seems sort of crazy to have to get transcripts from the court only to provide them to the court. This in in Maryland. I don't have much time to respond so need your assistance rather quickly please.

TYVM!

[socrateaser]

>I filed an exception to the summary of findings report
>generated from the Ex-Parte hearing to get custody of my
>child. Now the court says they need transcripts of the hearing
>to consider the exception. What is this about and do I have to
>provide them? It seems sort of crazy to have to get
>transcripts from the court only to provide them to the court.
>This in in Maryland. I don't have much time to respond so need
>your assistance rather quickly please.

You must order a copy of the court record from the official court reporter and reference it in your objection, so that the court can see exactly what you're objecting to.

The judge doesn't remember every case that passes through chambers, and the court doesn't routinely print out a transcript of every proceeding, because of the huge amount of storage and human resources required. So, you need to contact the court reporter's office and find out how much they charge to produce a transcript. Then you can attach the relevant sections to the motion and reference them in your objection, so as to remind the judge as to exactly what is relevant to the case.

[notnew]

We have the pre-trial hearing in late May. The master dragged his heels on issuing anything on the ex-parte hearing for over 3 weeks after the hearing and then only after I faxed an order for his review so he could see what I wanted (per your suggestion).

I believe the judge acted inappropriately (witness' were in the courtroom for entire hearing, he called witness' to the stand himself, and basically conducted the entire hearing, heard testimony not relevant to the hearing, stated he did not have time to read the filing before starting proceeding, etc.).

His summary stated that ex's actions were dismal in caring for child and DSS brought alarming facts to light (no details), blah blah blah and that if this were the final ruling rather then ex-parte that the decision may well be different.

I don't want to waste my time focusing on this issue if it is a moot point. I don't believe they want to rule on the ex-parte so they are dragging it out. I also don't want to piss the court off in the process of trying to get custody of my child.

The cost of getting written transcripts on an expedited basis (since court is taking SO long to issue direction on each and every item), will be pretty high. My exception was pretty specific as to what was said. Is the reason they are asking for the transcript becuase they believe it may have some validity? The handwritten note giving this direction does not specify written transcripts. I could get a CD at a much lower cost.

IYHO - is this worth my time and trouble or should I just focus on the pre-trial and what the custody evaluation report contains when it is issued?

Thanks!

[socrateaser]

>We have the pre-trial hearing in late May. The master dragged
>his heels on issuing anything on the ex-parte hearing for over
>3 weeks after the hearing and then only after I faxed an order
>for his review so he could see what I wanted (per your
>suggestion).
>
>I believe the judge acted inappropriately (witness' were in
>the courtroom for entire hearing, he called witness' to the
>stand himself, and basically conducted the entire hearing,
>heard testimony not relevant to the hearing, stated he did not
>have time to read the filing before starting proceeding,
>etc.).
>
>His summary stated that ex's actions were dismal in caring for
>child and DSS brought alarming facts to light (no details),
>blah blah blah and that if this were the final ruling rather
>then ex-parte that the decision may well be different.
>
>I don't want to waste my time focusing on this issue if it is
>a moot point. I don't believe they want to rule on the
>ex-parte so they are dragging it out. I also don't want to
>piss the court off in the process of trying to get custody of
>my child.
>
>The cost of getting written transcripts on an expedited basis
>(since court is taking SO long to issue direction on each and
>every item), will be pretty high. My exception was pretty
>specific as to what was said. Is the reason they are asking
>for the transcript becuase they believe it may have some
>validity? The handwritten note giving this direction does not
>specify written transcripts. I could get a CD at a much lower
>cost.
>
>IYHO - is this worth my time and trouble or should I just
>focus on the pre-trial and what the custody evaluation report
>contains when it is issued?

It sounds like the judge's comments were favorable and suggested that your ex should be settling fast or risk losing custody. I don't think you should be stirring the pot unnecessarily when the court is already leaning towards your side. Focus on the big issues and push for a trial (or a settlement asap).

[notnew]

This is a nearly 6 year battle, hopefully coming to an end that is best for my child. I try to be optimistic that the court is leaning in my favor, but it is hard after being shot down before.

There will be no settlement. BM won't speak to me at all in any way, shape or form. Told CE she wouldn't give up without a fight.

On top of motion to modify custody, I have 3 motions for contempt pending for her violating orders put into place at emergency hearing in February. Just received one back from the court Sat. to have served on her. I am expecting the other two any day now.

I think you are right about not stirring the pot so I'll let the transcript issue go by the wayside while focusing on the main issue.

Thanks soc, you are the best!

Hope you enjoyed your short vacation!