Appelant refuses to provide appelee a copy of an evidence being sumitted with brief

[microbes]

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

My ex-wife filed an appeal to get the sole custody order reversed. Her key evidence is a psychological review done by the county's diagnostic center. I understand the fact that this is a medical record and is impounded but by virtue of the fact that it's being used as evidence, shoudl I not be furnished a copy of it or at least be able to review it?

Is it possible to object to an evidence since I have not had a chance to review it?

 

[mistoffolees]

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

My ex-wife filed an appeal to get the sole custody order reversed. Her key evidence is a psychological review done by the county's diagnostic center. I understand the fact that this is a medical record and is impounded but by virtue of the fact that it's being used as evidence, shoudl I not be furnished a copy of it or at least be able to review it?

Is it possible to object to an evidence since I have not had a chance to review it?

Who does the evaluation cover?

And please provide some background on what happened? When was the sole custody order issued? What was the basis?

 

[Ohiogal]

Appeals do NOT allow for new evidence to be admitted. So she can't do that.

 

[mistoffolees]

Appeals do NOT allow for new evidence to be admitted. So she can't do that.

Good point...

 

[Ohiogal]

Appeals are based strictly on the transcript and evidence already admitted as well as the rest of the official file. It does NOT allow for new evidence to be admitted during an appeal.

 

[microbes]

Who does the evaluation cover?

And please provide some background on what happened? When was the sole custody order issued? What was the basis?

The psychological evaluation was ordered by the judge and was done through the county's diagnostic center by the county psychiatrist's staff.

Ex had a long documented history of depression and non-compliance to seek treatment and medication. GAL did an investigation and interviewed us, the kids and some witnesses and was able to see how we all progressed in about 18 months or so. Ex secluded the kids away from me intentionally by securing an order of protection based on false allegations that have all been dropped. To make the long story short, the GAL recommended that I get custody and I did. Now she file an appeal contesting venue/jurisdiction which should be so easy to fight. The second appeal is for reversal of custody order based on the psych eval coming back unfounded. This report was presented in court during trial but I had an attorney at the time, though I did see it, I wasn't able to fully review it. I did see however a portion of the report where the examiner reported that the EX tried to manipulate the exam.

So I guess this was an evidence that was submitted in court. Having said that, does that not entitle me to get a copy of this evidence or to the very least review it at this point or did I pretty much lose my chance?

I'm not sure how much weight it's gonna have being that the psychologist's recommendation was to follow the GAL's recommendation. Not to mention that the custody recommendation by the GAL was based on all factors and not just het non-compliance for treatment.

Appeals do NOT allow for new evidence to be admitted. So she can't do that.

It was an evidence admitted in trial since it was requested by the judge, can I still retain a copy of it at this point?

 

[Ohiogal]

The psychological evaluation was ordered by the judge and was done through the county's diagnostic center by the county psychiatrist's staff.

Ex had a long documented history of depression and non-compliance to seek treatment and medication. GAL did an investigation and interviewed us, the kids and some witnesses and was able to see how we all progressed in about 18 months or so. Ex secluded the kids away from me intentionally by securing an order of protection based on false allegations that have all been dropped. To make the long story short, the GAL recommended that I get custody and I did. Now she file an appeal contesting venue/jurisdiction which should be so easy to fight. The second appeal is for reversal of custody order based on the psych eval coming back unfounded. This report was presented in court during trial but I had an attorney at the time, though I did see it, I wasn't able to fully review it. I did see however a portion of the report where the examiner reported that the EX tried to manipulate the exam.

So I guess this was an evidence that was submitted in court. Having said that, does that not entitle me to get a copy of this evidence or to the very least review it at this point or did I pretty much lose my chance?

I'm not sure how much weight it's gonna have being that the psychologist's recommendation was to follow the GAL's recommendation. Not to mention that the custody recommendation by the GAL was based on all factors and not just het non-compliance for treatment.





It was an evidence admitted in trial since it was requested by the judge, can I still retain a copy of it at this point?

Do you still have counsel? IF she didn't bring up jurisdictional/venue issues then she voluntarily submitted to the jurisdiction of the court and waived defects.

 

[microbes]

Do you still have counsel? IF she didn't bring up jurisdictional/venue issues then she voluntarily submitted to the jurisdiction of the court and waived defects.

She actually did but after a substantial ruling had already been made on the case. 2 motions for venue change were denied by the judge so she went to the chief judge to get out judge substituted which was also denied by the chief judge.