Looking for guidance!

[Ronp]

Sorry for my last post as I see that my reply was outside time parameters for up dating.

My current parenting plan has huge holes in it. Many of which the CP jumps thru with no regard for anything. She recently took my son out of state without notification on Father's day.

My attorney advised me that it does not stipulate in the PP that she cannot go out of state. Nor does the plan stipulate that she has to give me notification she is cancelling my visit. Nor does the current PP state that she shall provide make-up visits.

According to this logic she can apparently do whatever she wants without consulting me even though I have Joint Physical custody.

I  have drafted a new parenting plan from the comprehensive PP on this site which just about covers most of my grievences.
 
I have a hearing scheduled for modification of visitation and the OSC has already been filed.

1.  How do I go about attempting to change the PP at this time?

2. What remedy do I have for make up visits as they are not spelled out
    in the PP?

3. Could I add the new plan to the existing plan?
 
4. What is the likelyhood of getting the time lost back with my son?

Thanks SOC

[socrateaser]

>1.  How do I go about attempting to change the PP at this
>time?

All CA custody/parenting actions require mandatory mediation before the judge will make a final decision. Your OSC to modify is effectively a request to modify the parenting plan in the child's best interests. During tour OSC hearing, you must show that the child's best interests will be served by making your parenting plan/visitation more definite and certain. The court will probably agree with this, and both you and the other parent will be ordered to attend mediation with one of the court's mediators. If no agreement can be reached in mediation, then the mediator will report that to the court and you will have a second hearing where you can present testimony and evidence to support your case and the court will rule.

That's the whole deal.

>
>2. What remedy do I have for make up visits as they are not
>spelled out in the PP?

If your current plan orders certain definite visitation and you are deprived by the other parent's actions and you can prove it, your recourse is contempt, and if you prove it beyond reasonable doubt, then the court can sanction the other parent for failing to play by the rules, up to and including jail, community service, reversal of custody, and monetary fines.

>3. Could I add the new plan to the existing plan?

Ideally, you want to supersede the old plan, rather than amend it. Multiple orders are too prone to interpretation conflicts.

>4. What is the likelyhood of getting the time lost back with
>my son?

I can't assess your case with the limited facts presented here, and without understanding the weight of your evidence as it bears on your burden of proof. That's legaleze for "I dunno."

[Ronp]

You are right on this end. In fact the family court here requires  a mediation hearing withinn 3 months of any court apperance.  My mediation hearing is Aug 16 at 3pm and my court apperance is Aug 17 at 8:30 am.

Here are the pertinant details in regard to burden of proof.

1. Documentation of three mediation hearings with the CP refusing any increase in visitation. The new one will be the fourth.

2. 8 police reports sent to the court by detectives for inclusion in the court file citing suspicious circumstances/ possible violation of court order of the CP not being present for the visit and not even calling.

3. Documentation from Sheriff's call out reports showing 20 incidents where patrol cars responded to enforce the court order requiring the CP to release the child to me for a 4 hour visit. Each time the Sheriff's were involved I lost 1- 2 hrs of visitation.

4. One documented case of what the police detective deemed as "non criminal domestic violence." The police took a report but wouldn't arrest because  there were no witnesses. I had scratches  on my neck where the CP grabbed me behind the head scratching my neck. I didn't dare touch her in any way! The dectective wouldn't file stating I had no witnesses theirfore it was her word against mine and besides the DA wouldn't file on it anyway.
 
The CP made false allegations of child abuse some time ago. In that regard, we will have the following documentation ready tp present if the CP brings it up.

1. Sheriff's Dept and DFCS closed the case
They citing allegations to be unsubstantiated.

2. Independant medical exam  showing  Diaper rash as an cause of inflammation.

3. Current supena of records of county medical exams showing bacterial culture tests indicating a bacterial cause for inflammation.

4. Current supena of DFCS report showing false allegations reported while Social worker investigated and cited CP for unsafe conditions.
An open swimming pool without enclosure where I saw my son walking alone with CP nowhere to be found.  

My questions are then as follows:

1. Does it look like enough for a burden of proof?

2. Would you reccomend bringing this stuff to the mediation?

3. In the past you reccomended volunteering for a Polygraph. should I  
    volunteer or do one and bring in the favorable results.
 
Thank you in advance

[socrateaser]

>My questions are then as follows:
>
>1. Does it look like enough for a burden of proof?

It looks like a big pile of your word against the CP, which while admissible, is not particularly weighty, and another big pile of hearsay from various governmental agencies, said evidence objectionable as hearsay, unless the agency officer who signed the report is present for cross-examination at the hearing.

>
>2. Would you reccomend bringing this stuff to the mediation?

Yes, but I wouldn't bring it out until the other parent denies frustrating your access to the child. And, if the other parent admits to frustrating your access to the child, then I also would not bring it out.

Ultimately, no evidence from mediation is admissible at the hearing, so the only purpose in presenting anything to the mediator is to rebut a claim from the other parent that you are manufacturing a story because you're hostile and vindictive. You want to be calm and reasonable and only interested in the child's welfare,and you want the mediator to see that the other parent is completely inflexible and angry.

If you do this, then the mediator will put all the pressure on the other parent -- otherwise the mediator will sit there and treat both of you as equal participants in a struggle for power and you won't actually have any leverage.

Ideally, you don't want to go before the judge -- you want to agree to a more useful parenting plan. So, hold your evidence back until the other parent misrepresents the facts to try to undermine your position, or until you are directly attacked for being a "controlling manipulative !@#$."

>3. In the past you reccomended volunteering for a Polygraph.
>should I  volunteer or do one and bring in the favorable results.

The only reason to do a polygrapgh is when there is no evidence other than the statements of the parties, and you are defending against claims of child or spousal/partner abuse. I don't see any value in a polygraph, unless you think that abuse will become a serious issue at the hearing, and if neither you nor the other parent has raised the issue in any pleading thus far, then if it's raised at the hearing for the first time, you can offer to take a polygraph at that point and suggest that the other parent do similarly, and if the other parent refuses, the court will suspect that the other parent may be falsifying evidence/testimony.