Responding to OSC

[yolandanewell]

What is the name of your state? California


My exhusband has recently had a child out of wedlock with his girlfriend and now refers to his girlfriend, her children and my daughters new sister as "her new family"

My ex husbands latest filing requests a change to our daughters schedule for reasons that she needs to "bond with her new family"

I've composed a response yet want to make sure that I am on the right track. If the senior members could please advise.

My ex-husband has yet to comply with court orders which state that he must attend co-parenting classes with me as well as other orders referring to child support - he has failed to comply with those orders.

I am requesting dismissal of his most recent filings on the grounds that he is not in compliance with the current orders and he has been continually filing new motions which mirror very recently denied modifications.

Am I on the right "legal track"?

 

[OhReally?]

I am requesting dismissal of his most recent filings on the grounds that he is not in compliance with the current orders and he has been continually filing new motions which mirror very recently denied modifications.

Am I on the right "legal track"?

Yes and no. Your reason for requesting dismissal based on his failure to comply with current orders is irrelevant to this motion. If he's not complying with a current order, then file the proper show cause motion. As far as the "mirroring" claim, then explain that, back it up with some citations of case law/statutes, if possible and file your response.

 

[yolandanewell]

Research....

Thank you "oh really".

I had no idea that I was traveling down the wrong road and I appreciate the redirection.

I am interpreting your advice as I need to research and discover the laws regarding those "mirror requests" against recent motion denials?

by the way he has very recently been found in contempt of court orders for failure to pay child support

 

[OhReally?]

I am interpreting your advice as I need to research and discover the laws regarding those "mirror requests" against recent motion denials?

Well we can't see the motion he filed firsthand, but if you are interpreting it that he is using different language (for example) as a way to disguise what he's filed already that's been shot down, then point that out to the court & explain it. You should also motion the court for sanctions against him for filing these frivolous motions AND all costs for this, too! (this is where you should use statutes to back up this request).

by the way he has very recently been found in contempt of court orders for failure to pay child support

If he is not complying with the current orders SINCE being found in contempt previously, then file the appropriate motion -- but it has no place in your response to his motion.

 

[LdiJ]

Thank you "oh really".

I had no idea that I was traveling down the wrong road and I appreciate the redirection.

I am interpreting your advice as I need to research and discover the laws regarding those "mirror requests" against recent motion denials?

by the way he has very recently been found in contempt of court orders for failure to pay child support

I disagree with that advice. I am going to cut and paste the advice that I gave you in your prior thread, and give it to you again:

You respond to this latest motion by outlining (with copies of the appropriate documents) everything that has happened since you filed for contempt against him for not paying his child support. You include the information that your previous judge stated that he would not entertain any further motions for visitation modification. You then ask that the case be dismissed.

The judge may not dismiss the case, he/she may prefer to hear it, but at least there will be no confusion about what has been going on.

I think it was also recommended that you get a transcript of the hearing where the judge said that he would not entertain any further motions for visitation modification.

 

[OhReally?]

I disagree with that advice. I am going to cut and paste the advice that I gave you in your prior thread, and give it to you again:

You respond to this latest motion by outlining (with copies of the appropriate documents) everything that has happened since you filed for contempt against him for not paying his child support. You include the information that your previous judge stated that he would not entertain any further motions for visitation modification. You then ask that the case be dismissed.

The judge may not dismiss the case, he/she may prefer to hear it, but at least there will be no confusion about what has been going on.

I think it was also recommended that you get a transcript of the hearing where the judge said that he would not entertain any further motions for visitation modification.

I did not realize that this was already asked and addressed in a previous thread (since I had none of this information). G-damnit I hate that.

 

[yolandanewell]

Thank you LDJ

I disagree with that advice. I am going to cut and paste the advice that I gave you in your prior thread, and give it to you again:

You respond to this latest motion by outlining (with copies of the appropriate documents) everything that has happened since you filed for contempt against him for not paying his child support. You include the information that your previous judge stated that he would not entertain any further motions for visitation modification. You then ask that the case be dismissed.

The judge may not dismiss the case, he/she may prefer to hear it, but at least there will be no confusion about what has been going on.

I think it was also recommended that you get a transcript of the hearing where the judge said that he would not entertain any further motions for visitation modification.

And today as the court is open I will at the advice of Court Clerk obtain the transcript. As silly as it is.... I am just wanting to make sure that my written response does not go off of the beaten track needlessly.

For some reason it seems that I continually have to repeat my defence to his repeated denied motions and I suppose what I am looking for is that "wow factor" that will finaly stop all of this nonsence.

 

[yolandanewell]

Sorry "oh really"

I did not realize that this was already asked and addressed in a previous thread (since I had none of this information). G-damnit I hate that.

I've been on this site for nearly a year. For me it seems that posting my "new" questions is a cleaner approach. Not the right approach?

Wait..!! so am I or am I NOT on the right track with requesting denial on grounds of his contemtp> sorry to be a Pain in the A##

 

[Ohiogal]

I've been on this site for nearly a year. For me it seems that posting my "new" questions is a cleaner approach. Not the right approach?

Wait..!! so am I or am I NOT on the right track with requesting denial on grounds of his contemtp> sorry to be a Pain in the A##

One has nothing to do with the other.

YOlanda you are going to be in court until the child is 18 if not longer. Seriously. The two of you need to find to communicate. Rather than just fighting and arguing. Try mediation on the visitation issues and move on from there.

 

[yolandanewell]

Got it.... 5442591

One has nothing to do with the other.

YOlanda you are going to be in court until the child is 18 if not longer. Seriously. The two of you need to find to communicate. Rather than just fighting and arguing. Try mediation on the visitation issues and move on from there.

I truly wish, at this point, that I would not have been sitting in "court appointed and ordered" co-parenting counseling ALONE... which is the reason I am assuming the court will not entertain his continuous