Discovery???

[Zephyr]

the items I was thinking of filing contempt on, the no notification of medical, dental or counseling appointments.....should I now change and file for contempt rather than a supplemental declaration?

I mean, if he's going for blood, does it hurt me to do the same?

 

[LdiJ]

the items I was thinking of filing contempt on, the no notification of medical, dental or counseling appointments.....should I now change and file for contempt rather than a supplemental declaration?

I mean, if he's going for blood, does it hurt me to do the same?

I am not sure at all on that. I went back and reviewed your most recent threads and I don't feel like I have a good handle on your overall situation.

 

[Zephyr]

I am not sure at all on that. I went back and reviewed your most recent threads and I don't feel like I have a good handle on your overall situation.

yeah...I'll probably pass on that, right now he's looking like the pit bull in all this, I'll let him be the only one


any advice on how to word my objection to the continuance?

do I bring up that he dragged this on for three months in bad faith indicating there would be some mediation through the gal?

Do I just flat out say

Your honor, I object to the granting of a continuance, based on the fact that it is untimely and (ex) has motioned for a determination of school district and I am prepared today to address that issue, he has not filed any other motions or affidavits indicating the presence of any other issues. He also has not provided a proposed parenting plan and thereby waived his right to object to the plan I filed with the courts under 767.41(1m).

 

[waitinMd]

I would let him look like the pit bull. Word it so that you were under the impression it would be worked out with the GAL or through mediation, but don't be negative. Don't use "bad faith" or "dragged out".

I've got a great lawyer right now, and as hard as it is to hold back, in the long run it has paid off!

I would reword 'he has not filed' to I am unaware of any other motions or affidavits ... and I would also takeout waived his rights and change it to read more of you feel he agrees to the new plan since he did not object under 767.41(1m)

 

[LdiJ]

yeah...I'll probably pass on that, right now he's looking like the pit bull in all this, I'll let him be the only one


any advice on how to word my objection to the continuance?

do I bring up that he dragged this on for three months in bad faith indicating there would be some mediation through the gal?

Do I just flat out say

Your honor, I object to the granting of a continuance, based on the fact that it is untimely and (ex) has motioned for a determination of school district and I am prepared today to address that issue, he has not filed any other motions or affidavits indicating the presence of any other issues. He also has not provided a proposed parenting plan and thereby waived his right to object to the plan I filed with the courts under 767.41(1m).

That actually sounds pretty good. Maybe Ohiogal will have some comments as well.

 

[Ohiogal]

yeah...I'll probably pass on that, right now he's looking like the pit bull in all this, I'll let him be the only one


any advice on how to word my objection to the continuance?

do I bring up that he dragged this on for three months in bad faith indicating there would be some mediation through the gal?

Do I just flat out say

Your honor, I object to the granting of a continuance, based on the fact that it is untimely and (ex) has motioned for a determination of school district and I am prepared today to address that issue, he has not filed any other motions or affidavits indicating the presence of any other issues. He also has not provided a proposed parenting plan and thereby waived his right to object to the plan I filed with the courts under 767.41(1m).

Flat out state the bolded.

 

[Ohiogal]

Dangit LD we are agreeing again. If this keeps up people are going to think we LIKE each other. You know I am just kidding

 

[Zephyr]

will do!!! I cannot tell you guys er gals how much I appreciate your help with this, THANK YOU

 

[LdiJ]

Dangit LD we are agreeing again. If this keeps up people are going to think we LIKE each other. You know I am just kidding

LOL**************..

 

[Zephyr]

well ex just called- hearings rescheduled, I immediately called the clerk of courts and they verified.

I said: I was under the impression that there had to be a hearing regarding continuances

she said- let me transfer you

new person: yes your hearing has been rescheduled for July 9

I say: I thought there had to be a hearing for continances and then the judge decided whether to grant them or not, because I certainly would have objected

she says: mmm let me look and see how this came about...ok the hearing was rescheduled based on requests from both (ex's attorney) and the GAL

I say: Is this proper procedure to have something so important as a hearing rescheduled without any info or input from one of the parties?

she says: well I really don't know, I guess maybe you could ask the GAL


so I was nice and got off the phone- but I am really pissed off now.....

so now I just put what I was going to SAY into the written motion format and file it with the court today/?

 

[Ohiogal]

so now I just put what I was going to SAY into the written motion format and file it with the court today/?

I would.******

 

[Zephyr]

motion and attached affidavit filed with the court via fax per their local rules.....glad that's done

also faxed copies to GAL and ex's attorney and emailed copies to ex......


glad I am not a lawyer- this is stressful and I couldn't do it for 10 cases all at once

 

[Zephyr]

I think this has got to be one of my longest threads ever

want to send ex interrogatories, here is my list of questions, are any of them flat out inappropriate or could get me in trouble with the judge or GAL? suggestions welcome


INTERROGATORY NO. 1: What school are you requesting Isabella Anderson attend and why do you believe her attendance at that school to be in her best interests?

INTERROGATORY NO. 2: Describe in detail the parenting responsibilities assumed by each party since the issuance of the most recent court order.

INTERROGATORY NO. 3: State the permanent legal and physical custody arrangements that you believe are in the best interests of Isabella Anderson, and specifically address the time that each parent should have with her. Why do you believe custody should be arranged his way?

INTERROGATORY NO. 4: Identify your reasons for seeking counseling for Isabella. Identify all counselors who have treated Isabella. Identify areas of concern, progress, diagnosis, treatment plan, and the dates of all appointments.

INTERROGATORY NO. 5: Identify the name, address and telephone number of all persons you intend to call as witnesses at the hearing scheduled for July 9, 2007.

INTERROGATORY NO. 6: Identify the facts to which each of the witnesses identified in
INTERROGATORY NO 5 will be testifying.

INTERROGATORY NO. 7: Identify all persons you requested the Guardian Ad Litem, XXXX RRRRR, speak with regarding Isabella.

INTERROGATORY NO. 8: What was your basis for having each person from INTERROGATORY NO. 7 speak with the Guardian Ad Litem? Identify how each person has direct knowledge or information of either parent’s relationship with Isabella since the last court order.

INTERROGATORY NO. 9: If a party identified in INTERROGATORY NO. 7 is not identified in INTERROGATORY NO. 5, state why for each.

 

[Ohiogal]

I think this has got to be one of my longest threads ever

want to send ex interrogatories, here is my list of questions, are any of them flat out inappropriate or could get me in trouble with the judge or GAL? suggestions welcome

Do you also have the instructions that are going to be attached to this? Are you going to ask for information pertaining to anyone who has helped him answer these questions?

INTERROGATORY NO. 1: What school are you requesting Isabella Anderson attend and why do you believe her attendance at that school to be in her best interests?

This counts as two questions.

INTERROGATORY NO. 2: Describe in detail the parenting responsibilities assumed by each party since the issuance of the most recent court order.

Not a problem.

INTERROGATORY NO. 3: State the permanent legal and physical custody arrangements that you believe are in the best interests of Isabella Anderson, and specifically address the time that each parent should have with her. Why do you believe custody should be arranged his way?

Three questions technically. Stop after your daughter's name.

INTERROGATORY NO. 4: Identify your reasons for seeking counseling for Isabella. Identify all counselors who have treated Isabella. Identify areas of concern, progress, diagnosis, treatment plan, and the dates of all appointments.

Define "Identify" in your instructions before the questions. As it is this could count as seven questions.

INTERROGATORY NO. 5: Identify the name, address and telephone number of all persons you intend to call as witnesses at the hearing scheduled for July 9, 2007.

Three questions unless you define Identify in your directions.

INTERROGATORY NO. 6: Identify the facts to which each of the witnesses identified in
INTERROGATORY NO 5 will be testifying.

Not bad

INTERROGATORY NO. 7: Identify all persons you requested the Guardian Ad Litem, XXXX RRRRR, speak with regarding Isabella.

Good question.

INTERROGATORY NO. 8: What was your basis for having each person from INTERROGATORY NO. 7 speak with the Guardian Ad Litem? Identify how each person has direct knowledge or information of either parent’s relationship with Isabella since the last court order.

Two questions and not one.

INTERROGATORY NO. 9: If a party identified in INTERROGATORY NO. 7 is not identified in INTERROGATORY NO. 5, state why for each.

Okay.
Here is the problem. YOur questions need tightened up. You also may do better with admissions for some of them. Do not just do interrogatories to get information. You want to guide your discovery towards a purpose. What is your purpose? Then determine what you need to know/prove to achieve that purpose.

 

[Zephyr]

Just got back from vacation- thank you OG- I did alter according to your suggestions, and I did have instructions with them...I don't know which would be better for me for him to answer or for him not to- which I think he is going to refuse to answer...he wants to do this perry mason style...not give up anything and then try to drop big bombs on me in court....