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  • Seeking leave on Appeal

    I have a question, I want to introduce 'fresh evidence' on my appeal. From what I understand I must 'seek leave' to introduce fresh evidence.

    How likely would this be granted?

    How do I go about doing it? Is it a motion? What forms...would it be regular service? When would I do this?

    I have assignment court coming up, could I ask teh judge then? Do I need this evidence in hand?

    The evidence will most likely need to be subpoenaed, as it would be police reports and CAS reports.

    Since I already have an appeal in the works, could I just go back to the lower court and ask a judge for a variance in the final order? I mean my access is being denied to one of my children, for approx 2 months now, it will be at least another 2-3 months before I get this appeal heard, meanwhile my access and my child's to me (court ordered) is being denied by the mother. I want an enforcement clause put in. Because I am being denied access would the court look at my request?

    The school Superintendent said they'll run interference with the mother and instruct the child to go with me...which BTW floored me as i thought they would just say ...'we can't get involved'.

    But this does not help my situation when I would pick them up at mom's, and babysitters, as she has not provided me with phone numbers or addresses.

    Anyway, the crap keeps coming...'difficult, difficult, lemon, difficult'.

    There needs to be a systems that deals or penalizes parents that do this crap, the thing is no judge is going to send mommy to jail or even fine her for denying access against court orders but they'll sure is sh!t send dad pretty 'easy peasy lemon squeasy'!

  • #2
    Unless you have been given an order preventing you from bringing an application, you should be able to apply for a police enforcement clause to ensure your access.

    What are you appealing? Why do you want to enter new evidence? Appeals are usually because you believe a judge erred in the application of law. Depending on what you asked for in your appeal, there may be no need to enter more evidence, as you may get the order struck, or just a variance of the order. It may be better to just use the new evidence in a new application.

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