Ex parte hearing for visitation modification

[Nina3]

What is the name of your state (only U.S. law)? California

I currently have a DVRO current for the next 3 yrs. I also have sole legal & physical custody of our daughters. Court has ordered supervised visitation for 2 Friday's a month for 2 hrs. Both girls have showed physical medical signs of distress from visits. I have obtained 2 letters from a gastro Dr & the girls therapist stating that because of witnessing domestic violence and suffering from ptsd that it is in their best intrest to be allowed to stop visitation or have the right to choose rather then be court ordered. The girls are 13 and 8 and have been seeing a therapist bi-wkly. I have done everything possible to help relieve ptsd & ibs symptoms what should I expect with this hearing? I have a huge 3 ring binder with all witness declorations, Dr statements and anything pertaining to our case. Father has extensive crimal history and major diagnosed cluster B mental disorders. I only want whats best for the girls, I want them to be happy and healthy both medically, emotionally & mentally. Also since this is an ex parte hearing will I need to return again regarding this issue?

 

[mommyanme]

You will return back to court if it's granted or not because Dad has rights. I wouldn't get your hopes up since it's already supervised and such a small amount of time. Again Dad has rights. I'd be more inclined to say it will end up supervised with a therapist to help them work on their issues.

 

[Nina3]

You will return back to court if it's granted or not because Dad has rights. I wouldn't get your hopes up since it's already supervised and such a small amount of time. Again Dad has rights. I'd be more inclined to say it will end up supervised with a therapist to help them work on their issues.

Will they have to stop seeing their regular therapist in order to do this? Idk how a child can work on ptsd issues with the person who caused them. Thank you for your reply.

 

[Proserpina]

Will they have to stop seeing their regular therapist in order to do this? Idk how a child can work on ptsd issues with the person who caused them. Thank you for your reply.

The idea is that they overcome at least some of the fear caused by the initial trauma. It's really not too difficult a concept.

No, they likely won't have to stop seeing their regular therapist unless those sessions seem to be hindering and not helping.

 

[latigo]

Unless the judge finds that intervening exigencies demand it and enters an ex parte order temporarily forbidding even the ordered supervised visitation, you won't be returning to court regarding any issues.

Your concerns are whether or not you can sustain your burden of proof by producing admissible evidence that will persuade the judge to agree that such an ex parte order is needed. And a great burden to have any such order made permanent. (That is, "permanent" subject to future modification.)

Your evidence can of course include your personal observations of the detrimental affect the visits are having on the children and their expressed attitude regarding the visits. But you should emphasis that you haven't influenced that attitude. And hopefully you haven't as it is not uncommon that children will reflect that of the custodial parent.

However as to your "binder" - by rule that is not admissible as to its contents. It is inadmissible hearsay.

The judge "might" stretch that rule with respect to a doctor's written report, but not likely out-of-court statements from layperson witnesses. Especially not in a plenary hearing.

 

[Nina3]

Thank you for your reply. I appreciate it. Everything in my binder has been served and all declorations have been filed in the court. I do everything possible to make sure everything is done accordingly with the courts.
I do not speak ill of my ex or speak of anything with the case in front of or with in hearing range of the kids. With their C-ptsd they have enough to work thru with out anything like that being added to their pain.
Thank you again for your reply.

 

[latigo]

Thank you for your reply. I appreciate it. Everything in my binder has been served and all declorations have been filed in the court. I do everything possible to make sure everything is done accordingly with the courts.
I do not speak ill of my ex or speak of anything with the case in front of or with in hearing range of the kids. With their C-ptsd they have enough to work thru with out anything like that being added to their pain.
Thank you again for your reply.

Nina, you fail to understand!

Nothing you have filed or will subsequently file with the clerk can properly be admitted into evidence in support of your motion. Not your affidavit filed with the motion, nor any third party affidavits/"declarations" attached or filed!

You appear to be sharing a common misconception that if a written statement is sworn to before a notary public that the document will serve the same purpose and have the same effect as the author being sworn in as a witness and testifying on the subject in open court. Because of a universal rule of evidence known as the hearsay evidence rule or exclusionary rule, that is entirely untrue.

With some exceptions * - none applicable here - nothing that is prepared or said outside of the courtroom can be admitted into evidence as truth of its contents. If the author cannot be cross-examined as to the veracity of his statement, the statement is inadmissible.

If given some thought, you must agree that it is a logical and sound rule of law. Otherwise, for example here, the father could flood the trial record with statements made out-of-court countering all of yours and not means whatsoever to test the veracity of any.

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[*] Generally speaking these exceptions to the hearsay evidence rule apply to documents and records that by their nature, purpose, method and time of preparation tend to be accepted as accurate as having no ulterior design.