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Old 10-25-2012, 04:56 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Unevenplayingground View Post
Tayken,

We did move already, but the process started well before the move. It took an additional 11 months to receive the OCL's recommendations. The mother did a lot of stalling, wouldn't sign the OCL consent, then would, things like that. The military gives you a specific date to move, and you have 30 days (on either end) to ask to move it around. It is not always approved.
Delay, delay, delay, it is a legal strategy. If you document the delays and have a *good* lawyer, these issues can be addressed on motion and on costs requests. For the next time you have to deal with, set clear time lines, if they are not met, bring forward a motion rather than waiting.

Quote:
Originally Posted by Unevenplayingground View Post
Now, since we told the mother we tape the conversations she hasn't been saying anything bad. She will "hover" over the child and include herself into their conversation, but the negatives have stopped. Can my husband do anything about her hovering, or is that a to bad so sad situation?
Not much really. So long as she is not interupting the conversation verbally you really can't do much.

Quote:
Originally Posted by Unevenplayingground View Post
Now, if we had of hired an expert witness, would we have had to tell her that we did, and that the conversation was being recorded?
If you are recording it serves the same purpose as you can turn over the recording to a transcription service and have it transcribed. No need for the expert. But, if the conduct is no longer continuing then, you have no grounds to complain about the conduct.

Quote:
Originally Posted by Unevenplayingground View Post
We had no idea you could hire somebody to do this. We actually received a "warning" email from her lawyer (stating she could not advise us of the legality of taping the calls, we were just telling her, not asking the legality) when we advised her we were recording the calls.
You could also advise the lawyer back that the recordings are permissible under law, can be transcribed and if the conduct continues an expert third party with a mental health background will be retained to listen in and transcribe the calls. This expert would be called as a witness to provide an expert opinion on the conduct of the calls.

The warning is about the "admissibility" of the evidence. But, if transcribed properly it can be entered into a court record. The court won't sit there and listen to stuff but, if you transcribe verbatim what happened at what minute... The court will consider it. How the written came about isn't really the concern. You just use the recording to insure what you stated is fact. If challenged you have the recording should the court want to hear it.
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