Journal admissable as evidence?

[Query1234]

First of all, thank you in advance for your assistance. All advice and support I've received on this service has been invaluable.

I live in CA. I have been keeping a journal on computer for the past 4 years, keeping record of ACTUAL visitation (as opposed to that on paper) and whatever else that has been happening in regards to my stepkids and my husband's dealings with his ex-wife. We are about to go back to court so that we can get primary custody during the school year as we have had the kids the majority of the time (throughout the year - visitation given up voluntarily by kids' bio-mom) when the papers say she should be having them most of the time. We are not seeking to change the current visitation (as we love & enjoy all the time we have with them and we know we can't get full custody), but to put the current visitation down on paper. Two questions:

1) Is this information admissable although I am also involved in this situation?

2) Will the courts take into consideration the "other" information that I've been noting down in the journal as evidence (e.g. emotional abuse, physical abuse, derogatory remarks made by mom to kids, neglect, etc.)?

Thanks again!

 

[Ambr]

My attorney is Missouri, so I'm not sure exactly how much does apply to CA law.

I was instructed by my attorney to keep a journal of all the events of my relocation. Details of conversations, incidents that occur during exchanges, etc. The way he explained it to me, the journal is basically submitted as evidence, although it is just used to "refresh" the memory of the witness. It makes it more accurate than you saying, "about a month ago we tried discussing this and she went nuts." to you being able to say, "on this date, we were discussing this toping and this was her response." it gives more crediability to the witness.

I was also warned that any other information in the journal can be used by the other party. once you open up the journal into admissions ANYTHING in it can be used by either party. so be sure that anything you have written can not be taken any other way (negatively) and that you have everything expressed clearly.

don't know if i helped or not, but i tried!

a question though. you said that you are wanting to go through the courts to allow more visitation time because the kids are with you anyway. and just to document the new visitation. isn't this opening up a can of worms. you already have the kids anytime you basically want. and to request primary custody during the school year is the largest majority of the time and in essence requesting a change of custody. she is bound to be upset over it and very uncooperative. it could change things so that she doesn't allow any additional time, other than what was ordered by the court.

just a question.

good luck!
ambr

 

[Query1234]

reply to ambr

Thanks Ambr for your input and information.

You asked that perhaps we're opening up a can of worms by going to court, so why are we doing this.

We are trying to offset the chance that of the ex moving away with the kids if she doesn't get what she wants. She has used the kids as pawns to her own manipulations and we just don't want to be in a position where all of a sudden she says you can't have them the days you've been because it's not written on paper that you can. We want the current status quo on paper so that it will note that we have them the majority of the time and in that sense, decrease her chances of pulling such antics. We also were having problems with her in other areas .. which I don't want to get to detailed about because you never know who's watching.... But we had to get those issues resolved as well. Thanks!

 

[VonnieT]

I have been told that both sides can use the contents of a journal but if it labled as "court prep" then it can only be used by your attorney. This is what a lawyer told a close friend of mine and that is what she did. I am personally doing the same thing. Ill let you know if it works.