Discovery???

[Zephyr]

What is the name of your state? WI

One of these days I'll be done with this crap.....

short recap....

I filed motion for remedial contempt and for clarification of the court order and determination of school district......

we tried to mediate- didn't work

we were appointed GAL....everything was moving along, we have a court date for June 20

some of the letters, and also a request for totally irrelevant info from the GAL have me concerned that ex is going to try to go for the whole enchilada on wednesday, as in try to totally modify custody (in the past he has threatened to try to get sole custody)

so- there are these new request for info, obviously ex is totally bashing me to anyone who will listen, and I am scared they are listening (even though we tell people-never bash the ex)

feeling out my options here....would it be prudent for me to request a continuance on wednesday and thereby give myself some time for discovery (which the demand cannot be made soone than 30 days before court) and figure out what exactly they are up to?

 

[LdiJ]

What is the name of your state? WI

One of these days I'll be done with this crap.....

short recap....

I filed motion for remedial contempt and for clarification of the court order and determination of school district......

we tried to mediate- didn't work

we were appointed GAL....everything was moving along, we have a court date for June 20

some of the letters, and also a request for totally irrelevant info from the GAL have me concerned that ex is going to try to go for the whole enchilada on wednesday, as in try to totally modify custody (in the past he has threatened to try to get sole custody)

so- there are these new request for info, obviously ex is totally bashing me to anyone who will listen, and I am scared they are listening (even though we tell people-never bash the ex)

feeling out my options here....would it be prudent for me to request a continuance on wednesday and thereby give myself some time for discovery (which the demand cannot be made soone than 30 days before court) and figure out what exactly they are up to?

If he hits you up with something like that at the hearing, with no forewarning, then you could certainly ask for a continuance to prepare. I doubt that the judge has even alloted enough time to hear a full blown custody case.

 

[Ohiogal]

If he hits you up with something like that at the hearing, with no forewarning, then you could certainly ask for a continuance to prepare. I doubt that the judge has even alloted enough time to hear a full blown custody case.

You need notice if they want to amend their pleadings. If they are going to try that at the hearing, request that the court continue the case so that he can enter a written motion laying out exactly what he wants and that you can have time to respond and engage in discovery regarding the new motion. Be polite but very strong about your stance.

 

[Zephyr]

ok, I am a little confused....the GAL called me back this morning, he said there will not be a hearing on Wednesday because ex does want to turn this into a full blown custody battle, my confusion comes from the fact that the only motion he (ex) ever filed had to do with determination of the school district


doesn't he have to actually file a motion asking for what he wants, stating his concerns in an affidavit, and filing a parenting plan as well?

statute says that by him not filing timely a parenting plan that he waives his right to object to mine

how does that fit into this?

a full blown custody battle, as you all know could take a year or more, unlikely to be decided in the two months before school is to start, would it be appropriate for me to file for a temporary order granting a determination of the school district until the final orders are complete?

does it hurt ex's case that when this all started he expressed not one concern to the GAL or the child's counselor about my parenting and only when he found out that the GAL was leaning towards my school district then all the allegations start?

soooo does this mean I can formulate and send out interrogatories to ex, asking who all he plans to call as witnesses and then do interrogatories for them as well?

based on what I do know, I think the only people he plans to call as witnesses are his own family- none of which have laid eyes on me in 3 years....and prior to the last court order, would I be able to limit the scope of their testimony to what they know of ex's parenting ( that he's a good dad) and not have the character assassinations that I am sure are coming? would I be able to exclude them?

what am I missing?

 

[LdiJ]

ok, I am a little confused....the GAL called me back this morning, he said there will not be a hearing on Wednesday because ex does want to turn this into a full blown custody battle, my confusion comes from the fact that the only motion he (ex) ever filed had to do with determination of the school district


doesn't he have to actually file a motion asking for what he wants, stating his concerns in an affidavit, and filing a parenting plan as well?

statute says that by him not filing timely a parenting plan that he waives his right to object to mine

how does that fit into this?

a full blown custody battle, as you all know could take a year or more, unlikely to be decided in the two months before school is to start, would it be appropriate for me to file for a temporary order granting a determination of the school district until the final orders are complete?

does it hurt ex's case that when this all started he expressed not one concern to the GAL or the child's counselor about my parenting and only when he found out that the GAL was leaning towards my school district then all the allegations start?

soooo does this mean I can formulate and send out interrogatories to ex, asking who all he plans to call as witnesses and then do interrogatories for them as well?

based on what I do know, I think the only people he plans to call as witnesses are his own family- none of which have laid eyes on me in 3 years....and prior to the last court order, would I be able to limit the scope of their testimony to what they know of ex's parenting ( that he's a good dad) and not have the character assassinations that I am sure are coming? would I be able to exclude them?

what am I missing?

How does the GAL have the authority to cancel the hearing? What did the GAL say was going to happen instead of the hearing? I would sure as heck verify with the court that the court date is actually cancelled, and if not I would show up anyway. I doubt that the GAL would knowingly be a party to any shenanigans on dad's part, but you never know if dad could have somehow conned her.

 

[Ohiogal]

ok, I am a little confused....the GAL called me back this morning, he said there will not be a hearing on Wednesday because ex does want to turn this into a full blown custody battle, my confusion comes from the fact that the only motion he (ex) ever filed had to do with determination of the school district

The GAL does NOT have the right to cancel the hearing (I peeked at LD's response and she is correct). Show up Wednesday. If your ex wants to turn this in to anything then:

doesn't he have to actually file a motion asking for what he wants, stating his concerns in an affidavit, and filing a parenting plan as well?

He has to actually file a motion asking for what he wants. You can also object on any continuance as being untimely.

statute says that by him not filing timely a parenting plan that he waives his right to object to mine

Quote said statute in your objection.

how does that fit into this?

You show up with the statute and if there is a continuance that has been granted you should have been served. If you have not been served then you object on the basis that you were not served, it is untimely and quote statute and what not.

a full blown custody battle, as you all know could take a year or more, unlikely to be decided in the two months before school is to start, would it be appropriate for me to file for a temporary order granting a determination of the school district until the final orders are complete?

Yes you should file for a temporary order granting you the right to determine your child's school district until the final orders are complete.

does it hurt ex's case that when this all started he expressed not one concern to the GAL or the child's counselor about my parenting and only when he found out that the GAL was leaning towards my school district then all the allegations start?

It could but will it? No guarantees Z, no guarantees.

soooo does this mean I can formulate and send out interrogatories to ex, asking who all he plans to call as witnesses and then do interrogatories for them as well?

He did not submit a pre-trial statement? That is usually required. Read the local rules. You should have a right to know who he plans to call. You cannot usually do interrogatories on NON parties without a court order.

based on what I do know, I think the only people he plans to call as witnesses are his own family- none of which have laid eyes on me in 3 years....and prior to the last court order, would I be able to limit the scope of their testimony to what they know of ex's parenting ( that he's a good dad) and not have the character assassinations that I am sure are coming?

You can object to their testimony. You can try to file a motion in limine but it may be denied on the basis that you can object to the testimony during trial.

would I be able to exclude them?

Most likely not.

what am I missing?

We don't know. But make sure you show up on Wednesday with a motion in hand objecting to the continuance that you were told was granted. If the court says the case has been continued, file the objection right then and there citing all the legal reasons why it should not have been granted.

 

[Zephyr]

How does the GAL have the authority to cancel the hearing?

he said there was no way he'd be able to complete his investigation by wednesday

What did the GAL say was going to happen instead of the hearing?

he didn't, but he called me from his cell and told me what I posted, we will be touching base later in the day

I would sure as heck verify with the court that the court date is actually cancelled, and if not I would show up anyway.

wiil do- thank you

I doubt that the GAL would knowingly be a party to any shenanigans on dad's part, but you never know if dad could have somehow conned her.

I hope not, well at least this gives me an ooportunity for dicovery- that's something

 

[Zephyr]

The GAL does NOT have the right to cancel the hearing (I peeked at LD's response and she is correct). Show up Wednesday. If your ex wants to turn this in to anything then:



He has to actually file a motion asking for what he wants. You can also object on any continuance as being untimely.


Quote said statute in your objection.




You show up with the statute and if there is a continuance that has been granted you should have been served. If you have not been served then you object on the basis that you were not served, it is untimely and quote statute and what not.



Yes you should file for a temporary order granting you the right to determine your child's school district until the final orders are complete.



It could but will it? No guarantees Z, no guarantees.




He did not submit a pre-trial statement? That is usually required. Read the local rules. You should have a right to know who he plans to call. You cannot usually do interrogatories on NON parties without a court order.



You can object to their testimony. You can try to file a motion in limine but it may be denied on the basis that you can object to the testimony during trial.



Most likely not.


We don't know. But make sure you show up on Wednesday with a motion in hand objecting to the continuance that you were told was granted. If the court says the case has been continued, file the objection right then and there citing all the legal reasons why it should not have been granted.

Than you so much!

so let's say I show up wednesday and my court time slot has been cancelled, how do I ask the judge to make him file a new motion for what he wants? File a new motion?

 

[Ohiogal]

Than you so much!

so let's say I show up wednesday and my court time slot has been cancelled, how do I ask the judge to make him file a new motion for what he wants? File a new motion?

You file an objection on the continuance and request that a new hearing be scheduled. If dad doens't file a new motion requesting custody then when that is brought up in court you object then on the idea that you did not receive proper notice, you have a right to respond and you believe a hearing should be set in the future and that the judge should only be hearing the motions that have been filed and served.

 

[Zephyr]

I called the clerk of court to see if the hearing was still scheduled and they are showing that it is, so I guess I need to walk into court with every possible motion I may need prepared, and see what I will need to use? or will verbal motions work?


and

would someone be so kind as to translate this into laymans terms so that I can be sure it applies? or doesn't?

904.03 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

 

[Zephyr]

spoke with the GAL, he send he will be sending letters out today stating that because of all the information ex wants him to gather he will not be prepared for wednesday's hearing.

also another question.....all of the witnesses ex wants to call only have information relating to me from prior to the last court order (I did bring that up to the GAL). It's pretty commonly held that information and evidence from prior to the last court orders are not usually considered for subsequent actions, yet the GAL is still going to talk to these people.....so even though the judge may not hear it, the GAL (who greatly influences the judge) will.....how can them giving their opinions of what a horrible person I am -even without evidence- not be held against me? Is it wrong for him to even hear them on these matters? I mean once it's said, even if technically one couldn't use it in decision making- you also can't unring that bell either...


I am really trying to not do the mudslinging thing, and I have yet to say anything bad about ex to the GAL other than we can't seem to co-parent effectively and he refuses to communicate with me, otherwise I have held that ex is a good father( he is), otherwise I think that ex is a self righteous, vindictive, angry, malicious little puke.....is there a way to keep the (or restrict) the GAL's focus to provable items and items only since the last order?



oh and would it be unreasonable for me to request that ex pay the proportional amount of the GAL fees related to this witchhunt?

 

[LdiJ]

spoke with the GAL, he send he will be sending letters out today stating that because of all the information ex wants him to gather he will not be prepared for wednesday's hearing.

You can still go to court and object to the continuance...

also another question.....all of the witnesses ex wants to call only have information relating to me from prior to the last court order (I did bring that up to the GAL). It's pretty commonly held that information and evidence from prior to the last court orders are not usually considered for subsequent actions, yet the GAL is still going to talk to these people.....so even though the judge may not hear it, the GAL (who greatly influences the judge) will.....how can them giving their opinions of what a horrible person I am -even without evidence- not be held against me? Is it wrong for him to even hear them on these matters? I mean once it's said, even if technically one couldn't use it in decision making- you also can't unring that bell either...

You can object to the GAL's report if it ends up being based on what these people have to say. You can make the point that none of the witnesses have had any contact with you in the last three years. If you have made that point to the GAL already, then hopefully that will take firm seed.

I am really trying to not do the mudslinging thing, and I have yet to say anything bad about ex to the GAL other than we can't seem to co-parent effectively and he refuses to communicate with me, otherwise I have held that ex is a good father( he is), otherwise I think that ex is a self righteous, vindictive, angry, malicious little puke.....is there a way to keep the (or restrict) the GAL's focus to provable items and items only since the last order?

Again, you can object to the GAL's report if it contains information from before the prior hearing.

oh and would it be unreasonable for me to request that ex pay the proportional amount of the GAL fees related to this witchhunt?

I think it would be perfectly acceptable to ask (in the form of a motion) but its anyone's guess what the judge would order. If you object to the GAL's report (if it appears to be biased by prior information) at the same time as asking for that, it would probably make the most sense.

 

[Zephyr]

thank you LD- this is driving me nuts....you spend all this time preparing for one thing, then end up finding out you have to prepare for something entirely different, very frustrating

 

[LdiJ]

thank you LD- this is driving me nuts....you spend all this time preparing for one thing, then end up finding out you have to prepare for something entirely different, very frustrating

I certainly can understand your frustration....and its disappointing that the GAL is allowing this to happen at all. Which is one reason why you might want to go to court and object to the continuance.

 

[Zephyr]

I certainly can understand your frustration....and its disappointing that the GAL is allowing this to happen at all. Which is one reason why you might want to go to court and object to the continuance.

I do believe I will, hopefully it won't piss off the GAL.....