Child custody reversed; questions about support payments

[Ohiogal]

-----------------
They were official attendance and grade records from my son's school, a letter written from the the principal as well as the counselor, my son's doctors medical record (that I had to get permission to pull from his medical clinic), and a letter written from my Ex's landlord. My lawyer requested to admit them as evidence and the judge granted it to him. He told me after that that was important that he requested that during the trial. So, I'm assuming that means they are certified records. I'm not sure; not legal savvy.

So they were not properly admitted. The rules of evidence were not followed. Nope, not certified records based on what you have stated. The letters were inadmissible hearsay. You may end up with a reversal.

 

[Ohiogal]

Caselaw

Look at the following:
Doe v. Doe, 44 P.3d 1085, 98 Hawai'i 144 (Hawai'i 2002)
Supreme Court of Hawai‘i
April 18, 2002
44 P.3d 1085
98 Hawai'i 144

We observe that the grounds for relief under Rules 59 and 60 differ. Rule 59(a) states generally that relief may be extended "for good cause":


(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for good cause shown. On a motion for a new trial, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

Also:
Berry v. Berry, 277 P.3d 968, 127 Hawai'i 243 (Hawai‘i 2012)
Supreme Court of Hawai‘i
May 11, 2012
277 P.3d 968
127 Hawai'i 243


Start there. Read up on plain error. Realize that mom may very well be able to get it overturned.

 

[rur727]

And with Mom not there to object.

I think, if Mom has/hires an attorney, a new hearing is VERY likely.

----------------------
She opted not to hire an attorney. So then it does not matter then whether or not you show up to court, especially after being served? Missing a court date to due being irresponsible, from what I understand is not a valid reason in the court's eyes. Because from the vibe I'm getting, you can pretty much request a continuation.

 

[Zigner]

----------------------
She opted not to hire an attorney. So then it does not matter then whether or not you show up to court, especially after being served? Missing a court date to due being irresponsible, from what I understand is not a valid reason in the court's eyes. Because from the vibe I'm getting, you can pretty much request a continuation.

The court doesn't like default matters in general. The court would always prefer that a matter be heard on its merits. Don't you want the same?

 

[single317dad]

----------------------
She opted not to hire an attorney. So then it does not matter then whether or not you show up to court, especially after being served? Missing a court date to due being irresponsible, from what I understand is not a valid reason in the court's eyes. Because from the vibe I'm getting, you can pretty much request a continuation.

She may well approach the court with a different reason than "being irresponsible" for missing the hearing. At any rate, if the court does vacate the judgment, prepare your evidence and witnesses properly or you'll wish you had.

 

[rur727]

She may well approach the court with a different reason than "being irresponsible" for missing the hearing. At any rate, if the court does vacate the judgment, prepare your evidence and witnesses properly or you'll wish you had.

--------------------
Thanks for the advice. My lawyer and I were prepared at court that day, but she didn't show up. If it does come down to going back to court, we will be ready. Again thanks.

 

[Ohiogal]

--------------------
Thanks for the advice. My lawyer and I were prepared at court that day, but she didn't show up. If it does come down to going back to court, we will be ready. Again thanks.

You read NONE of the cases I posted, did you? Good grief.

 

[rur727]

You read NONE of the cases I posted, did you? Good grief.

------------------------
I did; am I forced to reply to you? Doe vs Doe made it up to the HI Supreme Court. Mother obviously took the custody issue seriously unlike my Ex right now. With, that, I don't expect my situation to go any further much less to Supreme Court.

 

[rur727]

So they were not properly admitted. The rules of evidence were not followed. Nope, not certified records based on what you have stated. The letters were inadmissible hearsay. You may end up with a reversal.

-----------------------
So letters written from my kid's principal/counselor using the school's attendance records as reference (which shows he had missed 65% of the school year, and 3 straight months of not attending school) is hearsay? Really? What other evidence do I need to provide concerning my kids education will prove to family court that it isn't hearsay? Should I go one step further and drag the principal and her school staff into this at court?

The fact is my kid will have to repeat his grade again next year. But since my exhibits aren't good enough according to what you said, it won't be admissable.

 

[Zigner]

-----------------------
So letters written from my kid's principal/counselor using the school's attendance records as reference (which shows he had missed 65% of the school year, and 3 straight months of not attending school) is hearsay? Really?

By defintion.

What other evidence do I need to provide concerning my kids education will prove to family court that it isn't hearsay? Should I go one step further and drag the principal and her school staff into this at court?

Ask your attorney.

 

[stealth2]

NO ONE can give a 100% definitive answer to any poster how their case will go.

 

[LdiJ]

OP, the reality of family law is that default judgments are very frequently are re-heard. The reason for that is because no matter what the situation is, most of the time a judge really cannot make a fair decision that is truly in the best interests of the children unless they hear testimony and see evidence from both parties.

So yes, its very possible that your case will be reheard. You may very well still get the same result anyway, but its not guaranteed at all. You have an attorney. Talk to your attorney about the situation.

 

[CJane]

My children miss three straight months of school EVERY YEAR.

And given the abysmal quality of public schools in HI, his education is suffering whether he attends or not.