Thursday, November 19, 2009

Asking for a trial

I filed another motion against my ex-wife. I guess I have to keep doing this until she complies with the court orders. My motion starts:
Points and Authorities in support of OSC for custody and visitation

This brief supports enforcing a 2005 joint custody order. In case there is substantial dispute, I request a hearing with live witnesses.

Background
AngryMom filed for divorce in Oct. 2003. We signed a Marital Settlement Agreement for 50-50 joint custody of our two girls. AngryMom filed a motion for sole legal and physical custody in June 2004 which resulted in a full custody trial in March 2005. Judge Kelly ruled in favor of 50-50 joint legal and physical custody, pending some further assurances. The ruling became effective at the end of the year, after some more evaluations. Our girls are now aged 12 and 10.

In Nov. 2007 AngryMom initiated an action that resulted in temporary orders. There is no allegation of domestic violence, drug abuse, physical abuse, sexual abuse, child neglect, harm to the children, or anything actionable under the juvenile code. In Jan. 2008, Cmr. Joseph ruled that resetting the alarm clock was “an indicative event, a representative event.” He appointed an EC 730 witness for a future hearing.
Separately, my ex-wife has a motion to aviod being evaluated.

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