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Old 08-31-2012, 02:14 PM
sahibjee sahibjee is offline
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Default OCL's report & Dispute

Hi All,

Here is the brief synopsis of the situation.

ex falsely alleged abuse and got me charged, i was released on undertaking, she made further false allegations of breach and abuse and got me re-arrested, i was released on bail. she made further false allegations which tanked and i was not arrested. then her first allegation tanked and the first charge was withdrawn as well. however the subsequent charges are still pending.

OCL was involved on my request. They mailed the report on August 3rd so the effective date of service would be August 8th. the report contradicted almost every thing she claimed. however despite the report being favorable to me, the OCL surprisingly (or not surprisingly) recommended that because the bail conditions are prohibitive to a joint custody, full custody should be given to the ex.

I find this situation very disturbing as their recommendation is under obvious prejudice.

Family Court
I have brought a motion for access. (i did not touch custody)
ex has brought a counter motion for different access & final custody! (there is no previous order on custody)

how do I get the court to make no order on custody yet, i understand this will further establish status quo for her, but i think its easier to fight status quo later than fighting a final order.

here is what i am planning to do
1- dispute the report ( whats the process & timelines on this?)
2- ask the judge to make no order on custody on following basis
a. she has not brought a motion for interm, therefore interm order is inappropriate
b. final order is in appropriate as i am disputing the OCL's report and ex is also relying on prejudice based on pending charges.
since I moved the motion, and ex used motion form would it be considered counter motion or would it be considered a reply to motion, what timelines apply?

should i do any thing differently?