Question about documentation

[coolmomof4]

What is the name of your state? GA

Another question...

Has anyone had experience using documentation in court? Does it really make a difference? I have over 100 pages of documentation of comversations I have had with NCP as well as things child has said and things I have seen her do and heard her say. Does a judge really consider any of it? Or could someone really argue that the documentation is not accurate or that I flat out made it up? Not that I would plop down 100 pages on a judge's desk, but just points that are important at the time.

 

[Whyte Noise]

I don't have any actual "experience" with this, but I'll give you some advice....

If you file anything, INCLUDE the documentation with the filings. Make them a part of the file. That way, they WILL be heard or read. If you go to court with documentation in hand, it DOESNT have to be allowed. No matter how incriminating it is against the other person, a judge can simply say, "I don't want to hear it" and not give it another thought. If it's included in the filing though, he will more than likely read it because it is a part of the file.

When CJ filed his FAM's and the contempt motion, he included all the documentation that we have written down. Didn't really make much of a difference though because his ex is still denying him court ordered visitation, and the courts haven't done a damn thing to her. THIS time, when he files the FAM, all of that same documentation will be filed again, along with additional things. This time, he's adding printouts of E-mails from her and her family members to him, and MSN conversations he's had with her where she herself just comes right out and tells him he's not getting visitation as well as some other stuff that the courts shouldn't look to lightly on. (Like her saying in an E-mail that she doesn't give a damn what the court order says that she doesn't think he deserves to see his kids.) All the E-mails have complete headers on them, and show they ARE from her, from her E-mail account, her IP address, and the MSN conversations are complete as well, with her MSN ID on them. I dunno about the validity of E-mails and MSN convos when you submit them as evidence, but it goes to show that it wasn't just things that were written down by hand on such and such date, but it actually has an electronic signature that can be traced to HER, and will show that those were HER words. (it can't be said that things were made up and just written in a notebook.) The E-mails go all the way back to October 2000.

 

[kidoday]

I believe it will be up to the judge and how savy your attorney is.

During my stepdaughters custody case not all of my husbands doucmentation was permitted to be used, while she sat up on the stand reading out of her journal. A journal that she had completely made up and was bogus. Our attorney motioned for the dismissal of her documentation, but the judge let her continue. Go figure.

I agree with MG try and have the documentation added to the filing. Even if it is not heard it will be a part of the original filing.

 

[karma1]

In CA, you can file a "declaration".....

which the judge will read-at least the one we were before (same judge for hubby's and brothers case) did-in that declaration, maybe you can refer to a document (example.....Mom said I may not have visitation of my children in email dated **/**/**) and put, "see attachment #1-or something like that---judge can then decide to actually read the original email/IM conversation or not-but at least it is mentioned and what was said without going into details....like writing a paper with bibliography notes, almost---
If they have declarations in your state, that is-
in CA, they do have to filed, too-and the other party must have a copy---
not an attorney, as you know, just learned a ton going through this---

MG-boy, you printed almost exactly the things my husband has been told over the years---it's in "their" handbook, I tell ya-they all follow the same script......