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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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  #1  
Old 12-26-2011, 08:03 PM
viper56power viper56power is offline
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Default Subpoena CAS

I am hoping someone here has an answer to this and maybe give me some advice on what to say in a motion if it needs to be filed.

I am currently in court for custody of my child. We have had several dealings with CAS in regards to him and my ex. They have since closed all the case files open and the worked advised me to go to court and file for sole custody and to have the files subpoenaed as they will back me in court.

I am now trying to get those files as we are going to be going to trail in a couple months. I have read in multiple postings here that some people have got access to the files just by requesting them but I seem to be hitting a road block and am required. Is there a way for me to get them. As I am aware I have to go through the court, file a motion and have a judge order it. What I am affraid of is that the judge will not allow them to be released.

Please guys any help will do.
  #2  
Old 12-27-2011, 12:49 AM
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wretchedotis wretchedotis is offline
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You would subpeona CAS. A person would show up at trial, and you would ask questions of that person whom would have brought the files and have access to them in order to answer.

I don't believe a Judge can deny you the chance to subpeona a witness. Well maybe they can - but I think you'd be ok in this circumstance.
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Old 12-27-2011, 01:01 AM
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If am correct Taken suggested not so long ago that easiest way is to go throu form 35.1

It new from as I remember. I did not do it.
look it up on a forum...
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Old 12-27-2011, 08:36 AM
viper56power viper56power is offline
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So I am not allowed to see the files before hand? Would be nice to see the documents so that I am able to ask the correct questions.

And the form 35.1 was already done when I opened the case. We are going to a trial now.

Man this pisses me off. She stops working and lives off her boy friend for half a year just to get legal aid. Man what a great role model for my child.
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Old 12-27-2011, 10:34 PM
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Originally Posted by WorkingDAD View Post
If am correct Taken suggested not so long ago that easiest way is to go throu form 35.1

It new from as I remember. I did not do it.
look it up on a forum...
Form 35.1 aligns to Rule 35 of the CLRA. It is required now for any custody and access request to the court and has to be filed. If one is not filed, you can request it. The judge is compelled by the rules to request it from both parties in the litigation under the rules.

If there was an investigation it has to be listed on the Affidavit and the results, you can request the disclosure. Easiest way to do it is to identify it on the Form 35.1 and request it by motion or at trial.

Good Luck!
Tayken
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Old 12-27-2011, 10:35 PM
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Quote:
Originally Posted by viper56power View Post
So I am not allowed to see the files before hand? Would be nice to see the documents so that I am able to ask the correct questions.

And the form 35.1 was already done when I opened the case. We are going to a trial now.

Man this pisses me off. She stops working and lives off her boy friend for half a year just to get legal aid. Man what a great role model for my child.
If your Form 35.1 is 30 days old... You need to update it. Just like your financial statement. You can redo your 35.1 at any time.

Good Luck!
Tayken
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Old 12-27-2011, 11:36 PM
viper56power viper56power is offline
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Thanks guys for the info. I am looking at the Form 35.1 now as I believe I should update it anyways because somethings have changed.

Where do I put on that form that there were open cases / investigations done with CAS. Am I correct that I list in it section 8? Also how detailed does it need to be? Is it something that I am required to only make note of and as you said in your post file a basket motion to have the documents disclosed.

As a side note do I need to put anything on the ammended 35.1 to say that it is ammended?
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Old 12-27-2011, 11:39 PM
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Quote:
Originally Posted by viper56power View Post
Thanks guys for the info. I am looking at the Form 35.1 now as I believe I should update it anyways because somethings have changed.

Where do I put on that form that there were open cases / investigations done with CAS. Am I correct that I list in it section 8? Also how detailed does it need to be? Is it something that I am required to only make note of and as you said in your post file a basket motion to have the documents disclosed.

As a side note do I need to put anything on the ammended 35.1 to say that it is ammended?
did you read this one?
How to complete Form 35.1

As I said I did not have to do it so I just have some general info on it.
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Old 12-27-2011, 11:41 PM
viper56power viper56power is offline
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No I did not read that. Thank you for linking it I will take a look at it. I have filed a 35.1 as detailed as I thought I could. I failed to list the cas stuff in it tho. I will take a look at that now thank you.
  #10  
Old 01-02-2012, 10:34 AM
viper56power viper56power is offline
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I am going to the court house tomorrow to file the motion to get the documents disclosed. I had already mentioned in my 35.1 that CAS had told me to go to court and they would back me for full custody.

What I want to make sure I do correctly is word the motion correctly. Can someone help with this?

And what do I put for evidence in the accompanying affidavit?

Thanks guys

Cheers and Happy New Year
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