Saturday, August 02, 2008

Ex-wife files appeal opposition

I just got my ex-wife opposition brief to my appeal. I thought that I would see some actual arguments as to why should get custody of our kids. Instead, her main argument is that the family court has broad discretion under the law to do whatever it wants, and the transcripts show that the commissioner did indeed take the kids away from me. End of argument. Sigh. If anyone can ever win a custody appeal, then I should be able to win this case.

Here is an excerpt from her arguments:
Based on the 'Material Facts' above and the procedural history, Respondent contends that a witness may be denied the opportunity to testify as to documents to which the witness has no right to access, and the witness may be denied the opportunity to testify as to irrelevant matters.

Respondent respectfully submits that the trial court followed the directive of the reviewing court in re calculating child support for the time period of January of 2006 onwards.

D. May the trial court seal the CWS social worker's transcript from public disclosure?

Respondent respectfully submits that the trial court may seal the CWS social worker's transcript from public disclosure to protect the privacy rights of the minors named within the document.
If arguments like this were persuasive, then there is no need to even have an appeals court.

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