Pro Se Questions

[Zephyr]

All parties and Order in Wisconsin


Ok, well what I expected would happen looks like it's going to happen, ex is going to deny my weekend. I will be taking this back to court.

again, my order is as follows:

A. School Year (EX) shall have primary physical placement of (child) during the school year which shall be defined as one week prior to the start of the school year until the Sunday after the last day of school. (ME) will have secondary placement during the school year every other weekend and during those days in which school is not in session except for the Thanksgiving and Christmas holidays.

B. Summer (ME) shall have physical placement of (child) during the summer which shall be defined as commencing the Sunday after the last day of school and ending one week prior to the beginning of the school year. (EX) shall have secondary placement every other weekend during the summer and additional uninterrupted seven day period. (EX) shall notify ( ME) at least 60 days in advance of the 7 day period of extra placement during the summer.

C. Holidays The parties shall share the Thanksgiving and Christmas holidays in a manner to be determined by the parties. Regardless of placement (ME) shall have placement during the Mother's Day weekend and (EX) shall have placement during the Father's day weekend.

Additional info that, I hope, justifies filing-

CP not co-parenting- I am informed of nothing

Contempt for CP- not telling me about any medical information at all- including who son's doctor is

CP not getting son into some sort of counseling- which was ordered by the judge but that CP's lawyer conveniently left out of the order...transcripts will show this

Son being exposed to a felon who continues to break the law- convicted-and just signed a plea agreement for 3 more charges and threatened to kill me (She is on a 5 year probation/stayed prison sentence for drug dealing felonies- the judge said that she had every reason to behave properly and should not be a risk/bad influence to the child)

SM also filed false CPS report against mom while SM was on bond with no contact no harrassment provisions- case has been closed and awaiting paperwork and phone records to follow up with pressing more charges

Rats/Mice in their home - Son said it was a rat- insisted it was a rat even though I said it was probably a mouse but then when he saw me start to go into freak out mode he quickly said it was a mouse

CP allowing son to play outside alone, unsupervised even though 2 convicted sex offenders live in that same trailer court- one of them 2 doors down

Not being informed about school at all, conferences, report cards anything- I make a point to fond out who son's teachers are and contact them 2x per month for updates and such- CP does not know I do this- CP was extremely irritated when I showed up to the parent techer conference

CP NEVER allowing make up time- even though I cooperate and and try to be flexible and agree for son to attend their events that occur during my time


The questions I have, and have gotten various answers from different sources, but I want to make my trips to court as effective as possible.

My thought is to file for Contempt and Modification of Placement right away listing everything out and then to include a clarification request so if the judge is not inclined to change custody he can just clarify the exsisting order.

My thinking is- because the case was soooo close before, what has happened since might just be enough to get kiddo back to me- I do realize this really is a long shot- but if I don't ask I definitely won't get it.

I have been told that this is not really a sound strategy- kind of like trying to win a baseball game with a home run in the first inning.

1. So, any advice on strategy?

2. Can including the request for modification hurt my case?

3. If a party is Pro Se, how exactly do they get their own testimony before the court? The can't exactly question themselves as if they had a lawyer.

[socrateaser]

>1. So, any advice on strategy?

1. Write out the exact statute/rule of law that authorizes you to obtain legal relief.

2. Break it down in to the elements that you must prove to make your prima facie case.

3. Take your specific allegations of facts and associate them with the required elements.

4. Ask yourself if the proof of facts that you have for a particular element is subject to impeachment for lack of credibility (such as your only witness being your signficant other, etc.).

5. Pretend that you are the judge and that you know nothing about either party or witnesses. Would you believe the case placed before you, and if so, what exactly would you order?

6. If you get this far, then prepare and file a motion based on all of the above and ask for appropriate relief.

Note: a contempt finding requires proof beyond all reasonable doubt. Try to avoid contempt motions, because they are VERY difficult to win.

>
>2. Can including the request for modification hurt my case?

Only if you are filing all sorts of requests with no apparent relevancy or interrelationship. Your objective is to make it easy for the judge to understand what you want and why you should prevail. Keep it simple -- the judge gets paid the same whether he/she sits in chambers and watches General Hospital, or sits on the bench and hears your case.

Most of the time, the judge would rather be at lunch than listening to another sob story.

>
>3. If a party is Pro Se, how exactly do they get their own
>testimony before the court? The can't exactly question
>themselves as if they had a lawyer.

You can testify in the narrative, or, you can create a list of questions and tell the court that you intend to ask yourself the questions and then answer them.

You could also ask the judge if he/she will permit you to have an assistant read you questions, but, more than likely the court will deem this practicing law without a license -- in some courts it would work. But if you're in a big city, forget about it.

[Zephyr]

Thank you so much- I am sure I will be back with more questions but this gives me a great launching pad.