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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-22-2013, 05:02 PM
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Default Relief, Schedule Matrix, Albums and Document Preparation

Hi Folks,

Any input on the following information would be greatly appreciated:


TOPIC ONE: PhotoAlbum:

1. In word document?
2. How to categorize? by age? By event etc?
3. Do you prepare an affidavit for it or is it just a "TAB" in the Book of Evidence?
4. How many pictures should be used to tell the story?
5. Did you have to get permission from the Court/Judge to submit that? if so, how?
6. The "album" itself, is it indexed? how do you reference a certain image in it etc?
7. Did you need to identify the location, persons, events times for each picture?
8. What if opposing council has an issue?

TOPIC TWO: Visitation/Access Schedule

I need to document all the times i've actually spent with our daughter since last May 2012. I have emails, SMS Txt, receipts, etc to show.

1. Any suggestions on how i would structure this document?
2. Should i submit 1 page for every month in a calendar style, then on each day of the Calendar write something like: With Dad from 8am -6pm then write Exhibit A, Tab A( Email or text) confirming that time. What do you think?
3. With this, i want to summarize and show that i spend 50% of the time with our daughter if not more.
4. Should i put an affidavit in front of this?

TOPIC THREE: Evidence

I'm headed into a SC/TMC June 3rd!

1. I wan't to submit more "evidence" as noted in TOPIC TWO. Can i submit new Affidavits and Exhibits into Continuing Record now? (Then use those later as well for Trial Record)
2. ...OR do i need to ask permission from the Judge and the SC/TMC to submit new stuff?
3. In either case, there would be more things i need to submit for actual trial. When am i allowed to submit these things?
4. (Do i just put everything a binder, chronologically with and index and tabs, call it a Book of Evidence and submit the entire thing before Trail)? - Do i need permission from Court?

TOPIC FOUR: Other relief

1. I’m self representing and a such, does anyone have any suggestions as to what other relief I should be seeking that would help in preparation for Trial?

Thanks in advance.
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Old 04-22-2013, 06:08 PM
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Quote:
Originally Posted by iceberg View Post
Im sure involved dad 75 and mess know better and id75 I think went through that.

Did you read the book called surviving your divorce? It is good for you especially since you self rep.

You sound well armed
Thanks Iceberg, will go check it out the book.
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Old 04-22-2013, 07:00 PM
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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Topic 1: You have to print this shit. I would recommend that you use a Word document, edit the photos to a consistant size, in a small format that shows 6-8 photos per page with captions noting dates, sorted chronologically. This is a legal document but don't lose sight of the fact that you are telling a story with these photos.

You include any and all photos that you feel are relevent. If there are hundreds you are going over the top, but use enough to prove the point you seek to prove, I can't say what is enough. You are providing a representative selection.

If it were me, I would prepare an affidavit stating that I had such-and-such relationship with the child, as supported by the dated photos attached.

The point being, the judge is not supposed to be making assumptions, they are supposed to look at your arguments and supporting evidence. Organize it in a way that makes their job easier.

Topic two: Access
State your argument, that you should have such-and-such access, due to the fact that such-and-such access has been ongoing for such-and-such lenth of time, and the child has been thriving under these circumstanse.

This is supported by the following summary of access times (Starting date - ending date; rough schedule) (for example, Sept. 2011- Sept 2012, every other weekend + every Wednesday and Thursday overnight)

This should be supported by a detailed list of supported dates according to any factual evidence you can provide, for example, attendance records from daycare that show the certain parent signing the child out from care. If you don't have this factual support, then don't fudge it, just rely on your affidavit.
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Old 04-22-2013, 07:04 PM
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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For Case Conference, Settlement Conference, you are submitting briefs that have little to no affect on trial. Most of the time they end up in the trash. If you are submitting evidence for trial, don't rely on what you submit for conferences. File new evidence/affidavit into continuing record. Consult with judge or duty counsel, but don't rely on conference briefs, these are generally without prejudice.
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Old 04-22-2013, 10:38 PM
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Quote:
Originally Posted by Mess View Post
Topic 1: You have to print this shit. I would recommend that you use a Word document, edit the photos to a consistant size, in a small format that shows 6-8 photos per page with captions noting dates, sorted chronologically. This is a legal document but don't lose sight of the fact that you are telling a story with these photos.

You include any and all photos that you feel are relevent. If there are hundreds you are going over the top, but use enough to prove the point you seek to prove, I can't say what is enough. You are providing a representative selection.

If it were me, I would prepare an affidavit stating that I had such-and-such relationship with the child, as supported by the dated photos attached.

The point being, the judge is not supposed to be making assumptions, they are supposed to look at your arguments and supporting evidence. Organize it in a way that makes their job easier.

Topic two: Access
State your argument, that you should have such-and-such access, due to the fact that such-and-such access has been ongoing for such-and-such lenth of time, and the child has been thriving under these circumstanse.

This is supported by the following summary of access times (Starting date - ending date; rough schedule) (for example, Sept. 2011- Sept 2012, every other weekend + every Wednesday and Thursday overnight)

This should be supported by a detailed list of supported dates according to any factual evidence you can provide, for example, attendance records from daycare that show the certain parent signing the child out from care. If you don't have this factual support, then don't fudge it, just rely on your affidavit.
Thank you Mess. Really appreciate your time, you seem to be a very consistant guy around here.
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