Is this a case of ex parte communication?

[Ohiogal]

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

At a recent hearing regarding parenting time I was allowed to appear by phone as I live out of state. My ex and his attorney appeared in person. After the judge hung up the phone with me, my ex and his attorney were allowed to have a private conversation with the judge without anyone present to represent me or defend any statements made against me. Is this allowed? I feel like this is unfair and may constitute ex parte communication, however I am not familiar with procedures involving appearing by phone. Any advice or personal experience is welcomed.

How do you know that anything happened with the judge after you hung up the phone?
Double post.

 

[daughternlaw]

My ex stated to our children in a phone call that he and his attorney had a conversation with the judge after I hung up that I am "not privy to" because I was not there.

 

[Zigner]

My ex stated to our children in a phone call that he and his attorney had a conversation with the judge after I hung up that I am "not privy to" because I was not there.

Perhaps they spoke about the new Starbucks that opened on the corner, or the weather, or their favorite model of car.

 

[daughternlaw]

Perhaps they spoke about the new Starbucks that opened on the corner, or the weather, or their favorite model of car.

I realize some people may jump to conclusions. I would not raise the question if I didn't feel it was valid. They did not talk about Starbucks, the weather, or their favorite model of car. To be specific, my ex told the children, "When your mother hung up the phone, the judge, my lawyer, and me, we did talk. Unfortunately because your mother wasn't there, she wasn't privy to the conversation. It was about that I'm doing the right thing, and to be diligent. Don't give up." He went on to say that they talked about the age of the children and how that related to being in court at this time. He also said that he was able to state his feelings about the kids and this case. He concluded by saying that it was a "man to man" conversation.

 

[Ohiogal]

I realize some people may jump to conclusions. I would not raise the question if I didn't feel it was valid. They did not talk about Starbucks, the weather, or their favorite model of car. To be specific, my ex told the children, "When your mother hung up the phone, the judge, my lawyer, and me, we did talk. Unfortunately because your mother wasn't there, she wasn't privy to the conversation. It was about that I'm doing the right thing, and to be diligent. Don't give up." He went on to say that they talked about the age of the children and how that related to being in court at this time. He also said that he was able to state his feelings about the kids and this case. He concluded by saying that it was a "man to man" conversation.

And you know NOTHING about this happening. Why? Because apparently you and your ex are not on the best of terms and isn't it just getting under your skin that your ex said this happened. He could be lying. But make a complaint. Make sure that you realize that complaining about an ex parte conversation -- without evidence -- is going to do nothing to help you.

 

[latigo]

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

At a recent hearing regarding parenting time I was allowed to appear by phone as I live out of state. My ex and his attorney appeared in person. After the judge hung up the phone with me, my ex and his attorney were allowed to have a private conversation with the judge without anyone present to represent me or defend any statements made against me. Is this allowed? I feel like this is unfair and may constitute ex parte communication, however I am not familiar with procedures involving appearing by phone. Any advice or personal experience is welcomed.

So what would you like to do about it? Tee the judge off by filing an imagined grievance with the Judicial Ethics Committee?

To my knowledge no good ever comes from pissing off a jurist. They're somewhat like elephants in that respect.

Besides it is likely that they were only discussing your many parental virtues.

 

[Zigner]

I think that "do the right thing" in a "man to man" conversation is totally appropriate advice in ANY situation. Do you expect the judge to tell him to do the wrong thing?

 

[latigo]

I think that "do the right thing" in a "man to man" (?) conversation is totally appropriate advice in ANY situation. Do you expect the judge to tell him to do the wrong thing?

How do you know it was not vis-à-vis, “woman to man”?

Either way - and regardless of content - it would not only be inappropriate, but injudicious to the extreme in an ex parte setting!

Anyway, the OP's expressed concerns (whether real or imagined) have to do with what the ex may have said to the judge. Not what the judge may have said to the ex vis-à-vis.

 

[daughternlaw]

I'm just trying to find out if it is generally acceptable for the judge to have private conversations about a case after one party has been excused. If it is, then I have no complaint. If it is not, then I would like to pull the transcript so that I can see what was said and if it had any bearing on the outcome of the case. However, since I was told by the clerk that it will cost me approximately $200 to pull the transcript, I'm not going to waste my money if the conversation was completely legal. I'm not trying to stir up trouble for anyone, or tee anyone off, I just want to know that I was given a fair hearing. I'm pretty sure I have a right to that. If you do not know the answer to my question, you do not have to answer my question. I'm not interested in anyone looking to argue about it. It's a yes or no answer. Is it legal and acceptable to have the conversation or not. If you can answer my question, thank you. If not, please try to find someone else to argue with.

 

[daughternlaw]

How do you know it was not vis-à-vis, “woman to man”?

Either way - and regardless of content - it would be totally inappropriate in an ex parte setting!

Anyway, the OP's expressed concerns (whether real or imagined) have to do with what the ex may have said to the judge. Not what the judge may have said to the ex.

Thank you for your answer. Yes, I am concerned about what my ex may have said about me (true or false) to the judge that may have impacted the judge's decision...particularly since I was not there to defend myself or provide more information.

 

[Zigner]

How do you know it was not vis-à-vis, “woman to man”?

He concluded by saying that it was a "man to man" conversation.

There would be nothing inappropriate in saying "do the right thing" -

What would be inappropriate would be saying "Do XYX because that is the right thing"