Filing a Declaration - Deployed Servicemember

[ChiliPalmer]

What is the name of your state? WA

In reference to this thread:

My husband is active duty, currently on a ship somewhere off Sweden. He is unavailable by any means other than email until sometime in October. He is not a party to the motion for modification (the children's stepfather) but the ex has declarations filed stating he beats the children with belts. My attorney wants a declaration from DH. How would I manage getting one that is admissable? My only ideas are to have him email me and file a declaration of my own with a copy of the email attached stating this is what DH declares, or to have him email our attorney with what he is writing as his declaration.What is the name of your state?

 

[stuckinlamad]

Also a navy wife

I don't know what DH is but this should be accepted by the court.

Normally when a service member is located where they would not be able to travel to attend court they can go to the legal on ship and fill out a simple court form which could then be notorized and read as his testimony. This is usually accepted by the courts based on the service members innability to come to the proceedings. Legal should know how to do this so it is legal for the courts.

Here is the website for all DD forms I know about but legal also has access to this.
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm

Ship or Sub?
Ship wife and Sub daughter so I have experianced both sides
Mail may be slow but legal should be able to do the paperwork. They do not get involved in civil cases but they should have a generic form for letter to the court or something along those lines.

Hope that helps and good luck.

 

[ChiliPalmer]

THAT is a heckuvan idea. Couple of clarifications, if you can.

Are you certain that all ships have a legal dept? He's surface fleet but his last ship was a carrier and he's on a smallboy right now. Frigate. I'm emailing him in another window to ask as we speak.

If they do and he can get this from legal, I'm still not sure exactly how they'll get it sent to me. See, for a couple of days it looked as if we were going to have to file an AmCross emergency message to get that declaration. His command finally decided there was no secure way to open a fax line or make a helicoptered mail lift, and they have no plans for a port call until October, so they advised to cancel the AmCross message - instead they are detaching him at their next port of call with his personnel file in hand, sending him home and reattaching him to the nearest Naval base on temporary shore duty (he was up for new orders as soon as they returned from deployment anyhow, is how his divo explained it). I think that's wonderful and was going to run with it but our attorney is dead-set on getting a dismissal at the adequate cause hearing Tuesday after next. He'll never make that deadline, he won't be detached until sometime in October. Do you suspect, maybe, that legal can figure a way to get something sent out in time?

Navy brat myself before I became a Navy wife, so I'm with you on that one. When this all started I repeated to DH the Murphy's Law for Navy Wives: If it can go wrong, it will go wrong... and it will wait until DH deploys.

 

[stuckinlamad]

hmm I know that they will make exceptions for military so it might be possible to have the declaration notorized then scanned into the computer and emailed to you and/or the lawyer. I have sent things notorized by mail and email for double assurance when we were stationed in Italy. It is possible to scan it dark enough that the emblem would show on the scan. If it comes with a verification from the legal on the ship and maybe the captain if they really need it then they should allow it in court. It depends on the judge but like I said they make exceptions for military because sometimes it is not possible for them to come to court at the drop of a hat. I always have my husbands POA and I know I had to fax that off a few times even in the states and it was accepted email shouldn't be all that different if it is sent as an attatchement.

Very few ships don't have legal on them. My husband was on a LHA (small helicopter ship) and they had legal office. If they don't they should be able to look up the form from the PSD office and notorize it there.

I definitly know what can go wrong will and always when they are gone! Part of Navy life I learned to deal with it and go with the flow as I am sure you understand. Keep me updated.

I have had custody of my niece for 4 years and even took her with me to Italy on Hubbys navy orders. She is only 6 now.

 

[ChiliPalmer]

I have my POA on hand at all times as well. He was thinking that maybe I could use the POA to sign his declaration for him with an attached copy of his email but I hadn't heard back from our attorney whether that would be admissable (I didn't think it would though. And Italy! Lucky duck, I always wanted to be stationed there. The most exotic station we were offered this time around was Wisconsin.)

I'm copy-and-pasting both your posts and sending them to him via email. He hasn't answered the first one yet but with your info hopefully they can figure something out. Thanks a bunch!

 

[stuckinlamad]

It is very important that it be sent as an attatchement vs only in the body of an email. As an attatchement it looks like a fax and is more readily accepted.

As far as Italy goes. My name was stuckinlamad for a reason. NSA LaMaddalena Is a tiny base on a tiny island off of another island named Sardinia. Travel was difficult to the rest of Italy. We enjoyed our stay there except for the last 2 weeks. The day after my pack out my car had already been shipped I had to have an emergency appendectomy at the Italian hospital. Spent 10 days there and they wanted me to stay longer. Hubby had to rent a car so I could still get to hospital to get my shots of antibotics. 2 Days before I left they took out my last staples. On December 15th I left. I didn't brilng the custody paper with me to the airport so they had to call some places and we almost missed our flight. Remember I had just gotten out of the hospital. Other than having a 4 inch scar I am better now and very glad to be back in the USA. Naples and Sigonella on the other hand are GREAT bases to be stationed at.