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  • Slanderous CC brief

    I received, what can be described as a slanderous CC brief. Some of the stuff my spouse stated was boarderline delusional and I mean outrageous "UFO" type stuff.

    My lawyer said don't worry about it. How serious do the judges take these briefs? I mean isn't it the first imression the judges get? So if the ex wrote me out to being a monster and my lawyer did ours based on facts and devoid of mudslinging, won't that hurt me? Or is my lawyer correct in sticking to the facts that can be proven and looking for a solution?????

  • #2
    Mine did that too. Spent 6 hours responding and I doubt the judge read it, as we only presented minutes requesting a tempory order for a new schedule.

    You might want to put together a little response though just to cover your butt.

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    • #3
      Originally posted by billiechic View Post
      Mine did that too. Spent 6 hours responding and I doubt the judge read it, as we only presented minutes requesting a tempory order for a new schedule.

      You might want to put together a little response though just to cover your butt.

      So you did respond? My lawyer said don't bother. Most judges take those briefs as a he said she said disaster. My lawyer said what counts are witnesses and affidavids as the word of warring parties means very little. It makes sense but it's hard hearing those things about yourself when you know they can be proven false.

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      • #4
        If it's in the application/response then you should answer it in some way, these documents are essentially mini versions of your trial and should contain a fairly full description of what you are going to bring up.

        For the brief what you want to do is be brief, and show the judge that you are rational and sensible. A brief that is more than a page and half isn't brief and the judge won't read the whole thing.

        Of course it can depend on how many issues you have at trial and how complicated the case is, but you should be able to condense your case into a "nutshell".

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        • #5
          We didn't file he response to the brief. Don't think you can. But my lawyer wanted to know what my version of the truth was to his accusations. Took me a long time to respond (he had 72 points) because most of it was truthful, but grossly twisted. My ex was very good at doing that.

          I don't think she even read it.

          If you can reply with "not true" to a statement made, then that should suffice.

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          • #6
            Welcome to family law, where it's open season on character.

            At the beginning of the process, it's easy to get caught up in that BS. You soon learn that it's irresistable for the parties and their lawyers to name call.

            It's a return to childhood schoolyard tactics, where the lawyers are dividing and conquering the parents who are only too willing to pay hundreds of $/hour to have some encourage their indulgences.

            Respond to the nonsense, BRIEFLY as Mess says, but realize that it is just that, and the judge is unlikely to give it much, if any, weight.

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            • #7
              I responded to similarly awful brief claims in the manner suggested above and no one mentioned them again. Not the lawyers, not the judge - no one. It had absolutely zero impact on my case.

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              • #8
                Don't waste time on responding to all the BS. I would only insert a single paragraph denying all the allegations in general and responding to most serious ones in particular. Briefs are not part of the case file and get trashed after the conference. Also, the judge holding the CC cannot be the judge in regular proceedings (I am talking about SCJ; not sure about junior courts).

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                • #9
                  Originally posted by singledad99 View Post
                  Don't waste time on responding to all the BS. I would only insert a single paragraph denying all the allegations in general and responding to most serious ones in particular. Briefs are not part of the case file and get trashed after the conference. Also, the judge holding the CC cannot be the judge in regular proceedings (I am talking about SCJ; not sure about junior courts).

                  This is what I thought. Read at CC then trashed. However, in my case the judge ordered both CCB sent to CAS. So I resisted the crazy allegations. My ex didn't. She went "balls to the walls" including some allegations that any sane person would have reported to the police or at least bothered to go get "3rd degree burns" checked out at a doctors.

                  My issue is this: Judges are trained and accustomed to see this garbage. the CAS? They will go white with fear since we didn't bother with her allegations. So in the end, her slanderous and totally outrageous brief will land in the hands of some junior 22 year old Social Worker. This will be trouble.

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                  • #10
                    If she is going to play CAS games, then she is of a mentality that would do it anyway, whether with the brief or some other way. No matter what you would end up dealing with it.

                    Your brief had a purpose, you used it for the correct purpose, there is nothing to kick yourself over. If some 22 year old social worker at the CAS calls, she will have called no matter what you put in your brief, because they are legally required to investigate. So just stick to the truth and answer her questions.

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                    • #11
                      Same thing

                      Sometimes the best response is no response or very little. My Mother always said "When someone points a finger, there are 3 pointing back." I filed a motion to change. I had 5 strong points as to why the changes I'm requesting should be made. My X responded with what I would call a 60 point diatribe. Since I've been through this stuff before I simply sent my response to my lawyer for her records and asked her not to send my response to the other side. The CL got involved and through her investigation she caught my X lying out right in his 60 point affidavit. I gave the CL a copy of my response as well but I don't think she read it - she didn't have to. We're now headed for SC. Because my X was caught lying by the CL, the entire response/affidavit is discredited. If my lawyer advises me to send a formal response for SC or trial I will but it will be very short without "slamming" my X. I will simply deny my X's allegations and refer to the CL report where my X's lies were exposed. I agree with the other responses here. It comes down to a "he said, she said" scenerio. Why spend hundreds or even thousands to put this sort of thing in writing when Judges already know that it's mudslinging (be it on one side or both) and in my case the CL exposed the lies? I think I'm right here but I welcome anyone's thoughts on this.

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                      • #12
                        sounds right to me!

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                        • #13
                          The CAS are ssooo used to false allegations. They do have to investigate, which will of course cause you no end of stress, but they also are able to draw conclusions.

                          The corollary materials in our OCL investigation were 200 pages, included in which were documents from the CAS files, where they had it in writing that my ex and her family were using the children to get back at me.

                          If you got nothing to worry about re care of the children, let her bring on the CAS. It will only strengthen your case.

                          Comment

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