File for contempt?

[DecentDad]

Soc,

Biomom still debates that judge issued temp orders (pending outcome of 30 day review hearing) in my care "Every Monday, every Wednesday.  Dad picks up child from school, mom picks up child at 7pm at Dad's house."

This is straight out of the transcript, and it's what the proposed orders from OC stated.  Biomom argues that previous orders for "alternating Mondays" prevail (but she of course complies with the rest of the new temporary orders that benefit her).

Per my suggestion, OC decided to reimburse me the cost of the transcript so she could get the original from me and review it with biomom.

Biomom did a clean contempt on Monday, May 8 - showing up at school and removing child from class as I was entering (and telling me she disagrees with orders).  Transcript shows that she was present in the courtroom when orders were made.  She even spoke (in transcript) right before judge summarized these orders above.

Upon seeing how clean the orders are in the transcript, I also requested that we do make-up time this weekend from May 8 contempt.  Attorney's paralegal called me this week and said she's broaching it with biomom, but doesn't look promising.

There's no school on Memorial Day.  This hasn't ever been a "holiday" in our previous orders (i.e., it was just a regular Monday in the parenting schedule).  But new temporary orders state that I pick up child "from school."  There is nothing in the new orders qualifying what happens if school isn't in session.

9 days ago, I proposed to OC that I pick up child on May 29 (Memorial Day) from biomom's home at time of normal school dismissal.  Judge said, "EVERY MONDAY, EVERY WEDNESDAY" (straight from transcript).  Judge also said "DAD PICKS UP FROM SCHOOL.  MOM PICKS UP AT 7PM".

I didn't hear back from OC on that.  I emailed biomom a very nice email to clarify the Monday exchange... whether she'll bring child to the closed school at time of exchange or whether I should pick up at her home... and if school dismissal time is what she perceives as correct.  She didn't respond.

She hasn't answered her phone all week, typical when she's mad at me, to prohibit me from reaching child by phone.

She typically claims ignorance after-the-fact to avoid responding; claiming her phone was mistakenly disconnected and she couldn't check voicemail or that her computer was down (and she couldn't check email).

Today, I recorded myself leaving a time/dated message on her home voicemail, telling her to check her email else call me to explain what's in the email about make-up time and the May 29 exchange.

Still recording, I then called her cell phone from a phone number she wouldn't recognized on caller ID.  She picked up (i.e., 1 minute after home phone wasn't answered) and immediately handed phone to daughter, cut me off telling her to check email.  Daughter said she was watching cartoons (i.e., at home, showing biomom intentionally didn't answer the home phone).

After three attempts of asking daughter to hand phone back to mama for a sec (i.e., she'd immediately cut me off and then hand phone back to child), she was recorded saying, "no make-up time this weekend" and she refused to talk at all about Monday.  She said she'll respond by email.

FURTHER, phone contact has been an on-off issue.  In past 2 months, I've gotten through on 20 days, and I've not gotten through on 18 days (but I left messages, never returned).

Since Nov 2005, I've gotten through on 66 days, and couldn't get through on 42 days (some months were very bad, some not bad).  I've got it all well-documented via audio recording of messages left, plus I send myself an email after each failed attempt with no returned call (i.e., each one is date-stamped and includes note of actual time voicemail was left, for my reference).

Finally, recall I advised OC on May 9 (and cc'd GAL) that I'd file for contempt if we have any further trouble over the Mondays.

GAL still hasn't made contact with me.  June 6 is hearing date.

If biomom refuses May 29, child will go a week without being in my home.

1.  How would you interpret the court's orders for May 29?  If OC and biomom both refuse to respond/discuss, how can one resolve any confusion?  Note, GAL has been cc'd on my correspondence to OC asking to come to resolution to avoid the conflict about the orders... and this whole situation is indicative of how it's been for 5 years trying to come to resolution with biomom (i.e., she interprets what she wants and refuses to discuss it, so at times I'm left guessing where/when an exchange is).

2.  Presuming biomom is going to refuse May 29 exchange; would you advise I should file for contempt on May 30 (i.e., May 29 isn't a clean contempt, but May 8 is) to get it on calendar?  Our review hearing is June 6.

3.  If filing for contempt is advisable, should I toss in the phone contact problems again (and how far back?)?  Prior judge felt that "No restrictions on phone access" was too vague for contempt and dismissed it, telling me we needed to clean up the orders.  My subsequent OSC to clarify orders was denied by same judge.  We now have a new judge.

4.  Else, how best to use this situation to my advantage?  

[socrateaser]

>4.  Else, how best to use this situation to my advantage?  

I think you should just compile all of your evidence and use it at the June 6 hearing. The objective is to get parenting time favorably resolved, not to obtain a contempt order.

The fact that both you and OC have agreed on the orders which your ex denies, demonstrates pretty vividly just how uncooperative and hostile your ex is. That is what you want the judge and the GAL to observe.

[DecentDad]

Thanks.

Biomom left me a voicemail message saying that her computer is broken (conveniently again) and she can't get my emails.  She refuses discussion by phone (recorded) and insists on email, then leaves message hours later (recorded) that she can't do email either.  Ironically, she is within walking distance to a brand new public library.

Anyway, I've never introduced evidence at a hearing.  Always did it via attachments.

Do I just say something like, "I've got this letter from OC that says blah blah blah.  I'd like to enter it as Exhibit A."

Or what?  Just plain talking since it's a review hearing?  "I'd like to direct this court's attention to all these problems.  This letter from OC says ABC, and in this email Ms. Petitioner says XYZ."

[socrateaser]

>Thanks.
>
>Biomom left me a voicemail message saying that her computer is
>broken (conveniently again) and she can't get my emails.  She
>refuses discussion by phone (recorded) and insists on email,
>then leaves message hours later (recorded) that she can't do
>email either.  Ironically, she is within walking distance to a
>brand new public library.
>
>Anyway, I've never introduced evidence at a hearing.  Always
>did it via attachments.
>
>Do I just say something like, "I've got this letter from OC
>that says blah blah blah.  I'd like to enter it as Exhibit
>A."
>
>Or what?  Just plain talking since it's a review hearing?
>"I'd like to direct this court's attention to all these
>problems.  This letter from OC says ABC, and in this email Ms.
>Petitioner says XYZ."

Write a declaration and attach your evidence with it (file it and serve it on OC). Call it "Respondent's 1st Supplemental Declaration re Review Hearing."

[DecentDad]

Also, GAL still hasn't contacted me (hearing is one week away).

So, per your suggestion, I'm going to ask psych to write a summary this week, and if she is able to conclude that child isn't suicidal nor in emotional crisis (i.e., refuting the claim by biomom that led to this whole mess).

1.  Appropriate to attach true and correct copy of psych's summary to the "1st supplemental declaration" ?

2.  In the "1st supplemental declaration", appropriate to provide copy of prior hearing transcript page on which judge warns biomom that if biomom is "hyper-overreacting" and "failing to protect child, but rather harming child by overreacting" then dad will ask for and receive additional time with child?

3.  I also need to serve it on GAL, right?

[socrateaser]

>Also, GAL still hasn't contacted me (hearing is one week
>away).
>
>So, per your suggestion, I'm going to ask psych to write a
>summary this week, and if she is able to conclude that child
>isn't suicidal nor in emotional crisis (i.e., refuting the
>claim by biomom that led to this whole mess).
>
>1.  Appropriate to attach true and correct copy of psych's
>summary to the "1st supplemental declaration" ?

It's potentially objectionable as hearsay, without the therapist in court to testify. However I would argue that by both parents authorizing the therapist to evaluate the child, that both of you have satified the hearsay exception of Cal. Evid. Code 1222, which treats the authorized statements of a third party as admissions of the parties who authorized the third party to make statements on the subject matter authorized (look up the rule and you'll get the idea).

>2.  In the "1st supplemental declaration", appropriate to
>provide copy of prior hearing transcript page on which judge
>warns biomom that if biomom is "hyper-overreacting" and
>"failing to protect child, but rather harming child by
>overreacting" then dad will ask for and receive additional
>time with child?

I just noticed a new rule in the Cal. Rules of Court, that says you need to refer to the actual motion in your caption. So, now it's "Respondent's 1st Supplemental Declaration in opposition to Petitioner's OSC to Modify Parenting/Custody."

Anyway, I would just present the facts and let the court draw its own conclusions. You don't want to suggest that the judge can't remember what she's doing.
>
>3.  I also need to serve it on GAL, right?

Yes, and you need to serve it soon, if you're gonna serve it at all, because under the L.A. Local Court Rules 14.8, if OC doesn't file a written objection to your submission of the report/letter no later than two days prior to the hearing, then anything you file and serve is deemed "received" into evidence, and then you don't have to argue any evidence in court, because your opponent will have waived her opportunity to object.

[DecentDad]

Okay, I can certainly put together a supplemental dec (I noted re the new caption rule) with nearly everything to be personally served at least three business days prior to hearing.

I'm not sure how fast I can get the psych's summary.

If I don't get the psych's summary fast enough, is it a reasonable back-up plan (just for this piece of the pie) to fax it to GAL as an FYI, to ensure he has it?  I mean, can't hurt, I guess; but all I can do is raise it at trial if GAL says something contradictory to the summary.

I've only talked to him via phone for a brief introduction on May 3, and I haven't heard anything since.

[socrateaser]

>Okay, I can certainly put together a supplemental dec (I
>noted re the new caption rule) with nearly everything to be
>personally served at least three business days prior to
>hearing.
>
>I'm not sure how fast I can get the psych's summary.
>
>If I don't get the psych's summary fast enough, is it a
>reasonable back-up plan (just for this piece of the pie) to
>fax it to GAL as an FYI, to ensure he has it?  I mean, can't
>hurt, I guess; but all I can do is raise it at trial if GAL
>says something contradictory to the summary.
>
>I've only talked to him via phone for a brief introduction on
>May 3, and I haven't heard anything since.

I'd send the report to everybody if you get it -- it's not something to hide. What's bothering me at the moment is that you're about to have another hearing and no one seems particularly interested in having any objective evidence from the therapist other than you. Without something objective, there's no reason to have a hearing, which makes me wonder if this is just attorneys waiting until the last second, or whether it's a deliberate strategy to try to create a new status quo, and the GAL just isn't doing her job (yet).

So, yeah, the GAL needs to know that the kid is well-adjusted and not in any distress, if that's what the therapist concludes. Hopefully, that will cause the GAL to tell the court that the therapst's letter demonstrates that contact with Dad shouldn't be limited, and if anything, increased.

[DecentDad]

Thanks.

A prior attorney of mine has said that this minor's counsel is wonderful, child-focused.  So, on his part, it doesn't sound like he'd be in cahoots with OC.  I don't KNOW that he hasn't done anything, but he sure hasn't contacted ME about anything (but I have provided him with stuff like recent pleadings, recent orders, recent hearing transcript, and collateral witness list).

Biomom has wanted sole custody for years and has twice tried for a move-away.  So, yes, getting a continuance would be a good strategy for her to stretch out the status quo.

BTW, minor's counsel is the one who recommended the psychologist to whom biomom and I eventually agreed, so he must find her credible.

And it makes SOME sense to me, if a credible psychologist has interviewed biomom, me, stepmom AND met three times alone with child... that an appointed, overbooked minor's attorney may just decide to let his recommended shrink do the work and then report to the court on her conclusions.  This psychologist shares office space with custody evaluators, and this person purports that half her therapeutic work is in high-conflict custody cases.

Has it been your experience that minor's counsel would enter a court without having interviewed parties, and just report on what a psych told him?  He was appointed by the court to give an oral report at 30-day hearing, and that's all that was ordered.

[socrateaser]

>Has it been your experience that minor's counsel would enter a
>court without having interviewed parties, and just report on
>what a psych told him?  He was appointed by the court to give
>an oral report at 30-day hearing, and that's all that was
>ordered.

No, but it could be that the GAL thinks this is all !@#$, has talked to the therapist who thinks it's !@#$, so the GAL will go in after discussing with the therapist and just tell the court that this is a big waste of time.

Which means you should get more time with your child.