Follow up on Attorney Abandonment

[daddenied]

What is the name of your state? CA

Hi Met4. You asked me to post back w/list of motions I am going to file. I’m at a rest stop on my way to my first session with my children. At least, I hope they are there. Here is what I plan to file so far. I hope I understood everything you said:

1. Substitution of Attorney to Pro Per-I found Form MC-050, but it is for civil cases. I don’t know if I can use this form. Is there a different form #?

2. OSC re: contempt

a) Counseling w/out my consent (joint legal custody)
b) Violating Child Custody Order-I am pushing for this with all the reports I filed and contact with the D.A.’s office. (You advise me to ask for sanctions??? Sorry I don’t understand all of this just yet and have not had time to go to FLF office. I will next Friday when I am off)
c) Not complying with the judges July 1st order

She told the judge on Fri. 7/1 that she contacted Comprehensive Youth Services (CYS) and was told they are open for counseling on Saturdays from 8am-8pm. The judge told me CYS was a good place and to consider them. I did…I called and was told that there is a 4 month waiting period-something my ex-wife was also told, but conveniently left out. Even more interesting, I was told the do not have therapeutic counseling on Saturdays at all. I was also told I had to come up and meet in orientation with my ex and sign papers, but all this could not be started without a court order. I informed the ex of this and then call my insurance for a list of providers in the Fresno area. After calling ALL of them only 1 out of the 17 would see me and the children on Saturdays starting today. I let my ex know Thursday that I would be contacting her Friday with the information for the first session. She insisted that CYS is where we are supposed to go through, regardless of the 4 month wait. I explained that it would be irrelevant at that point and time, because we have another ordered mediation AFTER my 12 weeks of counseling with the children and it would further delay my involvement and relationship with our children. Of course, she doesn’t care…that’s what her agenda has been. I called her from 8pm – 10:30pm last night and she was either online, the phone was conveniently turned off or unplugged and/or the answering machine was turned off. I got no answer and no answering machine. I also emailed at 8:30, 9:30 and before I went to bed. I could see her on line through AOL instant messenger, but she had herself unavailable to received instant messages. Her home # is the only # she has given me although the order states she must provide me with all numbers, including her cell to allow me contact with the children.

I wanted to know how to file asking for attorney fees. Will I do that all on the same motion? Or will it have to be separate from the contempt motions?
I gotta get back on the road to make it on time to my session this morning at 10am. Again, my ex has been given today’s information through email-she was told Thursday to expect call and email Friday with all of this information, but I do not expect she will bring the children. I’ll update you all later. Wish me luck.

 

[rmet4nzkx]

Good luck!
I'm sorry I didn't get a chance to answer your last posting, I had started it and had computer trouble. Everything can wait until after you see your children today for your counseling session. I'll watch for an update and then give you a full response to all your questions as much as I am able, much will depend on your consultation at the FLF office on Friday. You might also want to see if IAmAlwaysLiable will look at your questions as he is a family law attorney in the LA area with considerable experience. What you are attempting to do after being abandoned by your attorney is complex IAAL is qualified to help you better than I re the procedural issues, I can address the counseling issues to some extent.

 

[daddenied]

They didn't show up...I wasn't surprised...

Good luck!

I'm sorry I didn't get a chance to answer your last posting, I had started it and had computer trouble. Everything can wait until after you see your children today for your counseling session. I'll watch for an update and then give you a full response to all your questions as much as I am able, much will depend on your consultation at the FLF office on Friday. You might also want to see if IAmAlwaysLiable will look at your questions as he is a family law attorney in the LA area with considerable experience. What you are attempting to do after being abandoned by your attorney is complex IAAL is qualified to help you better than I re the procedural issues, I can address the counseling issues to some extent.

Hey Met4 and anyone else who can help… 

I got to the Counseling Center in Fresno and of course the ex did not show up with the children. I didn’t expect her after avoiding my calls last night. I was pretty sad, but had a session anyway with the therapist and was really glad to meet, discuss and schedule the rest of our sessions. Before I ask for help I want to make sure that I was clear with what happened in court. The judge ordered that every Saturday, starting today that I meet in counseling with my sons in Fresno. My ex lied to her saying that our sons had an out of town basketball tournament in Sacramento and would not be able to make the weekend appointment. I told the judge I was off on Fridays too for another 4 weeks and I could meet Fri. morning (yesterday) and my ex said that the tournament was Fri-Sun in Sacramento. The judge said, “then you can have them meet with their father at 8am” and leave later. While in court I wasn’t quick enough to notice that on the sports calendar it showed there would be a POSSIBLE tournament on Sat. and Sun. The ex lied about the days, then I found out immediately after mediation from a basketball mom of the same team our 1 son plays on that there has been no scheduled tournament and would not be one as the kids were free this weekend and she lied about the entire tournament being scheduled at all in Sacramento….hence, my scheduling the appointment for Sat. since I could not get into the agency the ex insisted on me going through. That is the only reason the judge said the kids had to have our first session Friday morning. (I’m thinking she has ties with people at CYS and have already biased them against me). Another lie she told was that the boys (again, only 1 of our 4) had a LA tournament from Fri. July 15-Sun July 17th, but I also found out from the man who is running this tournament since it is ironically going to be held a ½ mile from my girlfriend’s home, that our son’s games are on Sat. and Sun and a schedule had never been out until after we met in court on the 1st. She lied again. With all that said, I believe my ex is ticked that HER choice of agency and therapist is not being used and that I went ahead and made arrangements with an alternative therapist to get the ball rolling. She’d like me on the 4 month waiting list. She will also try to use the fact that the judge said because the boys were not available due to being in Sacramento today our first meeting was to be Friday. BUT, in my defense, the judge also said that every Saturday (except for July 30 and Aug 6) my sessions with them are to take place and ONLY postponed or on the Friday before IF they boys had actual sporting events OUT OF TOWN and we could not work around them on Saturdays. I hope this helps clarify.

Okay, now, back to my questions earlier, are those the correct things for me to file? I actually want to file them on Monday through fax. I can do it in person on Friday, but I want it in ASAP.

Can I file for contempt on the reasons listed below?

2. OSC re: contempt

a) Counseling w/out my consent (joint legal custody) I got more information on this. The letter that the therapist wrote on my ex’s behalf saying she saw our oldest child in therapy –I posted it on the last thread from before court, is dated Apr. 2003-Apr 2004 with the therapist stating she saw our son 22 sessions during that time. According to my insurance company, she only saw and/or billed them for 5 sessions. I wondered about that and started to think if he really saw her for more than 5 sessions and if not, why she would lie…is she friends with the ex, etc…all of those things I believe I have mentioned in the past. I have tried calling her, but have gotten no response. I have written a letter to her asking her all the questions I was advised on the last thread to do. I also downloaded the complaint form from the BBS website and plan to fill it out and file a complaint against her and include it in this contempt motion. Or, should I? Please advise.

b) Violating Child Custody Order-I am pushing for this with all the reports I filed and contact with the D.A.’s office. (You advise me to ask for sanctions??? Sorry I don’t understand all of this just yet and have not had time to go to FLF office. I will next Friday when I am off)

c) Not complying with the judges July 1st order SHE DIDN’T SHOW UP TODAY.

Please let me know if fax filing this on Monday is wise. I do not want to wait while she sits at home conjuring up other false allegations and charges against me…none of which the judge acknowledged last Friday as valid with no prior abuse, neglect, domestic violence history, etc…

Oh, how do I get in touch with the attorney you referred me to send my questions to on the other issues? Sorry, I am new to this and only know how to post, reply and read the threads.  Thank you all again for your support.

By the way, is there no punishment for perjury? Or, is it too hard to prove. I think I have enough proof from the schedule and emailed communication between the team mom and me.

 

[rmet4nzkx]

You can file for both contempt and sanctions go to the link for CA codes I give you before and search for those two terms in both family law and civil procedure sections, the fact that she lied to the court about the sports activities etc gives added force to the contempt charge. You might post a question specifically to IAAL re these matters, please give a chronology of the facts and or links to your other threads when you ask your question. Di you have proof that there was no sports activities today?

Have you located a legal fax filing service to do your filings? It is better to make sure you have all your motions in propper form prior to filing rather than a hasty filing especially since all of this is new to you. Do you have a copy of the Fresno local rules to take with you when you go to the FLF office next Friday?

Be sure to subponea all your children's medical and psychotherapy records. Is the LCSW in private/solo practice or does she work for an agency, if so you may contact her supervisor. Does she know you also have joint custody of your child? Contact your insurance company and expain to them that in documents submitted to court more than 1 year form the date that she claimed 22 sessions, whereas in fact, only 5 were billed and there may be some inappropriate billing. Now it is possible that they only covered the first 5 sessions and didn't approve additional for several reasons, either she was out of plan, there was no demonstrated need, so it will be interesting to see what they say in addition to the fact that you were never told. But it is hihly unlikely that if your son was suicidal, there would have only been 5 approved sessions and they would have documentaiton as well. Lack of documentaiton is a serious matter for the LCSW, unless your Ex is lying again. ALso, it is possible that they may not pay for court ordered therapy or it may require special approvial. You will need more infor for a complaint and give her a chance to respond to your contact and eventual subponea.

I'm glad your session went well, it is considered assessment anyway so it is not lost time and shows your willingness to follow the court's orders.

 

[daddenied]

Thank you...I can't say it enough.

You can file for both contempt and sanctions go to the link for CA codes I give you before and search for those two terms in both family law and civil procedure sections, the fact that she lied to the court about the sports activities etc gives added force to the contempt charge. You might post a question specifically to IAAL re these matters, please give a chronology of the facts and or links to your other threads when you ask your question. Di you have proof that there was no sports activities today?

Have you located a legal fax filing service to do your filings? It is better to make sure you have all your motions in propper form prior to filing rather than a hasty filing especially since all of this is new to you. Do you have a copy of the Fresno local rules to take with you when you go to the FLF office next Friday?

Be sure to subponea all your children's medical and psychotherapy records. Is the LCSW in private/solo practice or does she work for an agency, if so you may contact her supervisor. Does she know you also have joint custody of your child? Contact your insurance company and expain to them that in documents submitted to court more than 1 year form the date that she claimed 22 sessions, whereas in fact, only 5 were billed and there may be some inappropriate billing. Now it is possible that they only covered the first 5 sessions and didn't approve additional for several reasons, either she was out of plan, there was no demonstrated need, so it will be interesting to see what they say in addition to the fact that you were never told. But it is hihly unlikely that if your son was suicidal, there would have only been 5 approved sessions and they would have documentaiton as well. Lack of documentaiton is a serious matter for the LCSW, unless your Ex is lying again. ALso, it is possible that they may not pay for court ordered therapy or it may require special approvial. You will need more infor for a complaint and give her a chance to respond to your contact and eventual subponea.

I'm glad your session went well, it is considered assessment anyway so it is not lost time and shows your willingness to follow the court's orders.

Okay, I just want to make sure I understand...

1. Post a separate thread asking IAAL how to go about filing a contempt motion, including all the extra things I explained (i.e. lies in court, etc...). I have proof of the lies to furnish.

2. And, yes, I have a calendar from my ex showing that our son did NOT have a Sacramento BB tournament yesterday as she told the judge and that today and tomorrow was a possible TBA event. BUT...on Tues. 7/5 I received an email reply from a basketball mother who works with the team who said as of that day, there was never a tournament scheduled. She also confirmed on Wed. 7/6 that they are free for the weekend and wished me luck and a good visit with the boys. I have a copy of that saved.

3. Yes, I have found a place to do legal faxing and yes I have a copy of the Fresno rules with me. I will wait to do this all next Friday.

4. My children and I are each covered for 22 sessions a year. I spoke to Health Net who said the 5 sessions that were billed had the reasons of distress due to parents divorce listed. I also asked if they could be missing claims...and was told no. I do plan on asking all of these questions in my letter to the LCSW first before actually filing a complaint. You had advised me of this earlier...thank you. I will wait for a response from her and give her a chance to explain what really happened. My ex has lied so much I can't believe anything.

5. Would the FLF office help me with subponeaing my children's medical and psychotherapy records? Or, is that something I need to do on my own?

6. I also took care of court ordered therapy with Health Net and they not only approved it but faxed over an authorization for our visits with the therapist I saw today. And, yes, it was not lost time at all. It was a drive well worth it to sit and talk to this man who explained in detail how everything would go and who was willing to work around my Saturday requests and accomodate our times in order to help us be successful. I believe he will good for me and my sons in helping all of us to work through what has happened and start the healing process after so much damage and hurt.

Thank you!

 

[rmet4nzkx]

All things considered you are holding up very well and keeping on top of things
You are going to have to have patience, but it will be worth it and your children will come in time to know the truth and the negative efforts of your ex will backfire. Also try to attend their school and sports activities as much as possible, I know with graduate school, your own school activities and responsibilities, that may be difficult.
Each medical or psychotherapy practice may have a different form to request records in addition to a subpoena, there may be a cost for this, so ask questions up fromt and be prepared to pay otherwise there will be delays.
DO you have a copy of the recent court order, hopefully your ex isn't the one preparing the order, hopefully the court did, otherwise in the future volunteer to prepare the order, if she prepared the order double check it.

Give the LCSW a chance it is very possible they were misinformed, so it is fair to give them the opportunity to comply with your communications. Her letter can be taken several ways and most likely that is why your ex didn't use it sooner, so that is in your favor. Don't forget to provide a signed waiver and a copy of your custody order to prevent further delays. Here is the section on subpoena's
http://www.leginfo.ca.gov/calaw.html CALIFORNIA CODES CODE OF CIVIL PROCEDURE SECTION 1985-1997 and to the forms from
California Courts: Self-Help Center: A subpoena is a court order that says that your witness has to come to court. It can also say that someone has to bring certain papers to court at your hearing. http://www.courtinfo.ca.gov/programs/equalaccess/evalmod.htm#fresno
http://www.fresnosuperiorcourt.org/
http://www.fresnosuperiorcourt.org/forms/
http://www.courtinfo.ca.gov/cgi-bin/forms.cgi go to family law seciton

edit contempt
CODE OF CIVIL PROCEDURE SECTION 1209-1222 : 17795 bytes.
2. FAMILY.CODE SECTION 290-292 :CALIFORNIA CODES
FAMILY.CODE
SECTION 290-292

290. Subject to Section 291, a judgment or order made or entered
pursuant to this code may be enforced by the court by execution, the
appointment of a receiver, or contempt, or by any other order as the
court in its discretion determines from time to time to be necessary.

291. A judgment or order for possession or sale of property made or
entered pursuant to this code is subject to the period of
enforceability and the procedure for renewal provided by Chapter 3
(commencing with Section 683.010) of Division 1 of Title 9 of Part 2
of the Code of Civil Procedure.

292. (a) The Judicial Council shall modify the title of its
existing form, "Order to Show Cause and Declaration for Contempt
(Family Law)," to "Order to Show Cause and Affidavit for Contempt
(Family Law)."
(b) The Judicial Council shall prescribe a form entitled
"Affidavit of Facts Constituting Contempt" that a party seeking to
enforce a judgment or order made or entered pursuant to this code by
contempt may use as an attachment to the Judicial Council form
entitled "Order to Show Cause and Affidavit for Contempt (Family
Law)." The form shall provide in the simplest language possible:
(1) The basic information needed to sustain a cause of action for
contempt, including, but not limited to, the elements of a cause of
action for contempt.
(2) Instructions on how to prepare and submit the Order to Show
Cause and Affidavit for Contempt (Family Law) and the Affidavit of
Facts Constituting Contempt.
(3) Lines for the date and a signature made under penalty of
perjury.
(c) Section 1211.5 of the Code of Civil Procedure shall apply to
the Order to Show Cause and Affidavit for Contempt (Family Law) and
the Affidavit of Facts Constituting Contempt.
3. CODE OF CIVIL PROCEDURE SECTION 128-129
4. CODE OF CIVIL PROCEDURE SECTION 190-237
5. BUSINESS AND PROFESSIONS CODE SECTION 6075-6088
6. CODE OF CIVIL PROCEDURE SECTION 177-179
9. CODE OF CIVIL PROCEDURE SECTION 1003-1008
10. CODE OF CIVIL PROCEDURE SECTION 2023.010-2023.040
11. CODE OF CIVIL PROCEDURE SECTION 901-914
12. WELFARE AND INSTITUTIONS CODE SECTION 11475.2-11487.5
14. WELFARE AND INSTITUTIONS CODE SECTION 1716-1726
15. WELFARE AND INSTITUTIONS CODE SECTION 11320-11329.4
FAMILY.CODE SECTION 290-292
2. FAMILY.CODE SECTION 4570-4573
3. FAMILY.CODE SECTION 210-215
4. FAMILY.CODE SECTION 5250-5253
5. FAMILY.CODE SECTION 7630-7644
6. FAMILY.CODE SECTION 5230-5247
7. FAMILY.CODE SECTION 5260-5261
8. FAMILY.CODE SECTION 7880-7884
9. FAMILY.CODE SECTION 20030-20043
10. FAMILY.CODE SECTION 2020-2026
FAMILY.CODE SECTION 4915-4933
12. FAMILY.CODE SECTION 3760-3773
and sanctions:
CODE OF CIVIL PROCEDURE SECTION 128-129
2. CODE OF CIVIL PROCEDURE SECTION 190-237
3. CODE OF CIVIL PROCEDURE SECTION 177-179
4. CODE OF CIVIL PROCEDURE SECTION 1282-1284.3
5. CODE OF CIVIL PROCEDURE SECTION 901-914
6. CODE OF CIVIL PROCEDURE SECTION 583.110-583.161
7. CODE OF CIVIL PROCEDURE SECTION 437c-438
8. CODE OF CIVIL PROCEDURE SECTION 2023.010-2023.040
9. CODE OF CIVIL PROCEDURE SECTION 2032.610-2032.650
10. CODE OF CIVIL PROCEDURE SECTION 1209-1222
CODE OF CIVIL PROCEDURE SECTION 1003-1008
12. CODE OF CIVIL PROCEDURE SECTION 116.810-116.880
13. CODE OF CIVIL PROCEDURE SECTION 2025.410-2025.480
14. CODE OF CIVIL PROCEDURE SECTION 392-403
15. CODE OF CIVIL PROCEDURE SECTION 1985-1997
16. CODE OF CIVIL PROCEDURE SECTION 469-475
17. CODE OF CIVIL PROCEDURE SECTION 2016-2036

1. FAMILY.CODE SECTION 3020-3032
2. FAMILY.CODE SECTION 2100-2113
3. FAMILY.CODE SECTION 270-274
4. FAMILY.CODE SECTION 3660-3668
5. FAMILY.CODE SECTION 4905-4914
6. FAMILY.CODE SECTION 20010-20026
7. FAMILY.CODE SECTION 17600-17604
8. FAMILY.CODE SECTION 20030-20043
9. FAMILY.CODE SECTION 3040-3048
10. FAMILY.CODE SECTION 4950-4964

 

[daddenied]

Help....again

You are going to have to have patience, but it will be worth it and your children will come in time to know the truth and the negative efforts of your ex will backfire. Also try to attend their school and sports activities as much as possible, I know with graduate school, your own school activities and responsibilities, that may be difficult.
Each medical or psychotherapy practice may have a different form to request records in addition to a subpoena, there may be a cost for this, so ask questions up fromt and be prepared to pay otherwise there will be delays.
DO you have a copy of the recent court order, hopefully your ex isn't the one preparing the order, hopefully the court did, otherwise in the future volunteer to prepare the order, if she prepared the order double check it.

Give the LCSW a chance it is very possible they were misinformed, so it is fair to give them the opportunity to comply with your communications. Her letter can be taken several ways and most likely that is why your ex didn't use it sooner, so that is in your favor. Don't forget to provide a signed waiver and a copy of your custody order to prevent further delays. Here is the section on subpoena's
http://www.leginfo.ca.gov/calaw.html

Hello Met4.

I am doing my best to be patient. Did I already tell you that my ex did not bring the children to the session last weekend? The next scheduled session is next Friday because one of our sons has a B-ball tournament in LA County this Friday. I emailed her this week asking if I could see the boys after the games, take them out for a meal, etc...I even told her that she could come along and be the supervisor, but of course, she did not respond to it. She insists that she will not see the therapist I got set up and that I must go through the agency she chose. It seems apparent to me that she is either not reading my clear email messages to her explaining that the agency she wanted the therapeutic supervised visits to be done at do not provide that service on Saturdays as ordered the by judge. She continues to ignore the fact that I was to set it up and her only responsibility in it was that the children show up to them. I just wrote her agency asking that they send something in writing to confirm what they already told me about not providing the court ordered services. I figure I can attach it to the OSC re: contempt to refute anything she makes up about my not considering the agency she insisted upon, an agency the judge simply told me that it would be a good idea to consider. I did and they can't accommodate us. So, this Friday I will be at the FLF office here in LA getting help to fill out the contemp paperwork. I have not heard from the LCSW who I wrote asking to explain why my son saw her without my consent and all those other things I was advised to ask her. I am also awaiting all copies of claims from those supposed visits from Health Net. I have asked the LCSW to send me copies of everything she is able to give me about the visits she had with our son. And, I am exhausted, so tomorrow after I get off of work I plan to post a message to IAAL about what you advised me to. I will ask him how to go about filing a complaint against my attorney who abandoneed me.

Oh, I will try to attend as many things as I can for my sons, but my ex keeps telling me that I cannot go watch the basketball game this weekend and that I am violating the order...the order that has not reached the clerk's office yet and I am anxiously awaiting. I also called the courtroom clerk or records person???? and left a message requesting a copy of the transcript from the hearing on July 1st. Fresno County now sells CDS and tapes of the hearing but I cannot order them until the clerk gets them...Fresno Co is so backed up that they are not sure when that will be. I am anxious to get it so I can file this contempt motion. I anticipate that my ex will not bring them to next Friday's session either. Thanks again for your help with all that information on your last post.

 

[rmet4nzkx]

Hello Met4.

I am doing my best to be patient. Did I already tell you that my ex did not bring the children to the session last weekend? The next scheduled session is next Friday because one of our sons has a B-ball tournament in LA County this Friday. I emailed her this week asking if I could see the boys after the games, take them out for a meal, etc...I even told her that she could come along and be the supervisor, but of course, she did not respond to it. She insists that she will not see the therapist I got set up and that I must go through the agency she chose. It seems apparent to me that she is either not reading my clear email messages to her explaining that the agency she wanted the therapeutic supervised visits to be done at do not provide that service on Saturdays as ordered the by judge. She continues to ignore the fact that I was to set it up and her only responsibility in it was that the children show up to them. I just wrote her agency asking that they send something in writing to confirm what they already told me about not providing the court ordered services. I figure I can attach it to the OSC re: contempt to refute anything she makes up about my not considering the agency she insisted upon, an agency the judge simply told me that it would be a good idea to consider. I did and they can't accommodate us. So, this Friday I will be at the FLF office here in LA getting help to fill out the contemp paperwork. I have not heard from the LCSW who I wrote asking to explain why my son saw her without my consent and all those other things I was advised to ask her. I am also awaiting all copies of claims from those supposed visits from Health Net. I have asked the LCSW to send me copies of everything she is able to give me about the visits she had with our son. And, I am exhausted, so tomorrow after I get off of work I plan to post a message to IAAL about what you advised me to. I will ask him how to go about filing a complaint against my attorney who abandoneed me.

Oh, I will try to attend as many things as I can for my sons, but my ex keeps telling me that I cannot go watch the basketball game this weekend and that I am violating the order...the order that has not reached the clerk's office yet and I am anxiously awaiting. I also called the courtroom clerk or records person???? and left a message requesting a copy of the transcript from the hearing on July 1st. Fresno County now sells CDS and tapes of the hearing but I cannot order them until the clerk gets them...Fresno Co is so backed up that they are not sure when that will be. I am anxious to get it so I can file this contempt motion. I anticipate that my ex will not bring them to next Friday's session either. Thanks again for your help with all that information on your last post.

Who wrote the most recent order re therapy? Check with the clerk re ex parte hours in case you have to go in (or fax to you) and get a copy of the minute order if the order is not written or filed yet and or get a modification since the agency doesn't have Sat therapy hours to allow your choice of licensed therapist. The fact that Health Net has approved the sessions should be sufficient, also submit a copy of the Authorization for therapy from Health Net.
Be patient.

 

[daddenied]

Who wrote the most recent order re therapy? Check with the clerk re ex parte hours in case you have to go in (or fax to you) and get a copy of the minute order if the order is not written or filed yet and or get a modification since the agency doesn't have Sat therapy hours to allow your choice of licensed therapist. The fact that Health Net has approved the sessions should be sufficient, also submit a copy of the Authorization for therapy from Health Net.
Be patient.

I believe the courts took care of writing it up. My ex took off from the hearing and went straight to CYS that day to sign up for our sessions, yet the judge stated I was to set everything up for me and the children and her only responsibility was to get the children to the Saturday sessions. I have called the courts daily and keep getting the same answer. I was also advised not to drive into Fresno to try to get a copy of it until the clerk has it because it would be a waste of my time. I'll try again today. And, I know...I'm trying to be patient. With my ex, I get worried about what things she will conjure up in her attempt to keep our children away from me while I am awaiting the documents I need. Thank you.

 

[Zephyr]

denied, is there any type of tro against you for the kids or mom? I haven't seen that in any of your threads so I am thinking not, and if I am right about that then mom cannot stop you from attending the children's sporting events. I commend yo for trying so hard to do this on your own and going through all of these terribly frustrating steps that the court is requesting, keep your chin up.

 

[rmet4nzkx]

I believe the courts took care of writing it up. My ex took off from the hearing and went straight to CYS that day to sign up for our sessions, yet the judge stated I was to set everything up for me and the children and her only responsibility was to get the children to the Saturday sessions. I have called the courts daily and keep getting the same answer. I was also advised not to drive into Fresno to try to get a copy of it until the clerk has it because it would be a waste of my time. I'll try again today. And, I know...I'm trying to be patient. With my ex, I get worried about what things she will conjure up in her attempt to keep our children away from me while I am awaiting the documents I need. Thank you.

Call the actual clerk for the department that heard your case, not the superior court clerks office, they should have a copy of the minute order, it should be on their comoputer, you could be waiting forever if either you or your ex were to write and file the order. If it was clear that you were to make arrangements for therapy, then that is your responsibility. It might be a good idea to file a copy of Health Net's authorization and the schedule of appointments along with the provider's info, also serve your ex with this information and file the proof of service so there is no mistake that she was served with the info, not just emails or phone calls, proof of those is ok but file the official proof of service.

 

[daddenied]

Call the actual clerk for the department that heard your case, not the superior court clerks office, they should have a copy of the minute order, it should be on their comoputer, you could be waiting forever if either you or your ex were to write and file the order. If it was clear that you were to make arrangements for therapy, then that is your responsibility. It might be a good idea to file a copy of Health Net's authorization and the schedule of appointments along with the provider's info, also serve your ex with this information and file the proof of service so there is no mistake that she was served with the info, not just emails or phone calls, proof of those is ok but file the official proof of service.

I did call the actual clerk and left a message on her personal voice mail on Monday and have not heard back from her. I will try again today or tomorrow, but I don’t know what will be considered harassment=too many calls? And, yes I do plan on filing the proof of service of the Health Net authorization as well as the therapy schedules set up this Friday too. Thanks!

 

[daddenied]

Thank you

denied, is there any type of tro against you for the kids or mom? I haven't seen that in any of your threads so I am thinking not, and if I am right about that then mom cannot stop you from attending the children's sporting events. I commend yo for trying so hard to do this on your own and going through all of these terribly frustrating steps that the court is requesting, keep your chin up.

No, there is not TRO of any kind...never has been and hopefully never will be. I can never be sure what she is up to next. I appreciate your words of encouragement. I plan on going to see my son play a game on Friday night. In fact, my girlfriend's 3 nephews, the same ages of my sons will be coming to spend the next 10 days between her house and mine and they are excited to see my son play. They spent several weeks with my sons last summer and all had a blast. They also spent New Years Eve together at their home in Las Vegas, so they are so excited. I sure hope my ex doesn't keep him from this tournament. Thank you again.

 

[daddenied]

saw my son

denied, is there any type of tro against you for the kids or mom? I haven't seen that in any of your threads so I am thinking not, and if I am right about that then mom cannot stop you from attending the children's sporting events. I commend yo for trying so hard to do this on your own and going through all of these terribly frustrating steps that the court is requesting, keep your chin up.

I saw my son last night and this morning at his basketball game. It was great! My ex, surprisingly didn't keep him home from the trip and she didn't show up to cause some madness. I was a little worried that when he saw me he would not speak to me, but he came right up to me. I took my girlfriend and her 2 nephews, which my son had met last summer when he and my other children spent a month with me so it was fun for them too. We will be watching another game tonight or tomorrow depending on the results of the games today. And, we are even thinking of inviting the team over for pizza at my girlfriend's place which is 1/2 a mile from where the tournament is tomorrow before they leave town. We'll see...I don't want to seem too anxious. Thank you all again for your help and supporting words.

 

[rmet4nzkx]

I saw my son last night and this morning at his basketball game. It was great! My ex, surprisingly didn't keep him home from the trip and she didn't show up to cause some madness. I was a little worried that when he saw me he would not speak to me, but he came right up to me. I took my girlfriend and her 2 nephews, which my son had met last summer when he and my other children spent a month with me so it was fun for them too. We will be watching another game tonight or tomorrow depending on the results of the games today. And, we are even thinking of inviting the team over for pizza at my girlfriend's place which is 1/2 a mile from where the tournament is tomorrow before they leave town. We'll see...I don't want to seem too anxious. Thank you all again for your help and supporting words.

Congratulations! What a gift that they were having the tournament so close by, too bad that mom had to take such measures to deny your visitaiton. It is very good that your son came right up to you and that you had a chance to visit even if it was just one child. Is this the son who had been in counseling? Insofar as inviting the team to Pizza at your girlfriend's house. It would be best to make arrangements to do that with the coach or parents responsible for the whole team and would be best to offer at a public place rather than your girlfriend''s home, so as not to push that point too much, even though it is 1/2 mile away, unless some sort of celebration was planned already, this could cause delays in the return of other children.

Were you able to make any progress with the FLF offices and any opportunity to amend the minute order?