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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 05-05-2014, 01:39 PM
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Default Trial Issues - settled?

Hi,

My ex has been going after my compete medical files for years now, including a motion 2 weeks ago and at our exit pre trial last week.

The EPT judge dismissed my ex's baseless claims, saying if CAS, OCL, and Drs have no concerns then why would she. Ex said she received a letter from the Dr at the beginning saying no concerns, but nothing since.... so judge then wrote in the order:
"Custody/Access is settled provided father provides mother with a letter from his family Dr stating no concerns". This would leave us with only financial issues for trial.

I provided the letter and now my ex claims that merely the drs opinion does not satisfy her concerns. I have to provide my compete medical file or else Custody and access are still an issue for trial.

We've already agreed earlier to shared parenting, so I assume ex is just going after my access. (I had primary Custody for 8 months when we first separated, and have been doing week about for almost 2 years since)

Based on the judges order, is custody/access already settled and a non trial issue.
Can ex still make it an issue or would she of had to appeal the order.
Should I file something to ask the EPT judge to clarify the order.

Thanks!
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Old 05-05-2014, 01:44 PM
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Default

Quote:
Originally Posted by GoDiegoGo View Post
Based on the judges order, is custody/access already settled and a non trial issue.

Can ex still make it an issue or would she of had to appeal the order.
Should I file something to ask the EPT judge to clarify the order.
For any order to be final it needs to state FINAL.

For example

The FINAL ORDER MADE ON CONSENT

OR FINAL ORDER

The keyword is "FINAL".

This goes for agreements as well. FINAL AGREEMENT. So if you sign a separation agreement marked FINAL it is the FINAL one. The only way to disrupt it is to present a MATERIAL (and I mean MATERIAL) change of circumstance.

If the disclosures were not ordered let her make a mess of it at the trial, piss the justice off and make more of a mess. If you have an agreement or order that is marked FINAL then you have no worries.

Hard to say having not seen the actual document that is signed by the justice you are referring to...

Good Luck!
Tayken
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Old 05-05-2014, 02:01 PM
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Default

Thanks.

It doesn't say final anywhere. This is the form "update at exit pre trial", instead of the usual endorsement form.

The judge lists the remaining issues, only financial, and then in the additional comments section wrote:
- Custody/Access settled....
- exchange witness lists within 10 days
- parties warned only document brief material can be used at trial.

J Gunsolus

... Looks like I'll have to deal with it again at trial, but hopefully this order will help with costs.
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Old 05-05-2014, 03:12 PM
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Let her bring it up at trial. Would be great to use this to substantiate costs!

You have complied with judge's recommendation. Don't do her dirty work for her. If she wants clarification let her. Do not provide your medical files.
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