Hi, I've been searching this site, but i'm running out of time.
I'm unrepresented and my ex and her expensive attorney are taking me for a ride.
I have a temporary order
- (joint custody, she has final say.... with access only once a week and every other weekend).
Part of the reason that i don't have 50/50 access is because my attorney had a breakdown (crying) in a motion hearing (judge gave her a 15 minute recess). She returned, did not defend me. Just says if no one is going to defend this, i have no choice but to believe it (my fault in trusting this attorney).
I've been strung along for coming up on 2 years (jumping thru my ex's hoops (using the kids without stepping into traps).
We had a settlement conference in January. As i'm unrepresented, i used some of the basics (insurance coverage and death benefits) word for word from my ex's attorney. In the settlement conference, her attorney is so uncooperative that he disagrees with these to items word for word that match. The judge called it and scheduled a Trial Management conference.
My basic goal is to :
1. argue for 50/50 access for the benefits of the kids (i have the arguments and supporting data
2. argue to have a marital contract aside set aside (i have the arguments for showing the agreement for unconscionable, signed under duress, it is one sided and would have an affect on our kids)
__________________________________________________ ___________
I get understand the purpose of this conference. But it's taken me a lot of time to try to track down basic answers for the Trial Management form.
Here are my questions regarding completing the Form (17E)
Regarding question 6a (These are the witnesses whom I plan to have testify for me, the topics about which they will testify and my
current estimate of the length of time for the testimony of each witness, including cross-examination)
1. I don't plan to use witnesses. I only plan to use affidavits to speak on relevant topics. The ex did a bang up job on me with all hearsay based on my attorney's breakdown in court.
Is this common (not using witnesses). In my case there is no proof that i'm a threat to our kids.
2. What are common examples of experts used with regard to question 6b? (These are the expert witnesses whom I plan to have testify, their areas of expertise, and my current estimate of
the length of time for the testimony of each witness, including cross-examination)
I don't think i need to rely on an expert. I've been actively involved in my kid's lives up until being order to leave the marital home (my kids are now 8 and 9). I have a flood of email communication between the mom and i regarding doctor appointments, therapist, and homework. I plan to show that there are no issues with parenting with this kind of evidence. Am i taking the correct path?
3. Regarding the following, question 10 (Are there any expert reports that you intend to rely on at trial?) My ex wife attacks me with hearsay based on our kids medical and educational data. I have Individual Educational Plans, psycho educational evaluation reports and so on that show my positive active involvement.
Do i answer "yes" to number 10 and consider these as expert reports?
4. Regarding question 12 (Attach a list of the relevant orders in this case.).
Does this refer to interim orders from my previous motion hearings that include (her final say, that i vacate the marital home, temporary access schedule and so on)?
I apologize if i'm overthinking this. I'm hypersensitive and a bit stressed about making a mistake that could cost me.
I'm unrepresented and my ex and her expensive attorney are taking me for a ride.
I have a temporary order
- (joint custody, she has final say.... with access only once a week and every other weekend).
Part of the reason that i don't have 50/50 access is because my attorney had a breakdown (crying) in a motion hearing (judge gave her a 15 minute recess). She returned, did not defend me. Just says if no one is going to defend this, i have no choice but to believe it (my fault in trusting this attorney).
I've been strung along for coming up on 2 years (jumping thru my ex's hoops (using the kids without stepping into traps).
We had a settlement conference in January. As i'm unrepresented, i used some of the basics (insurance coverage and death benefits) word for word from my ex's attorney. In the settlement conference, her attorney is so uncooperative that he disagrees with these to items word for word that match. The judge called it and scheduled a Trial Management conference.
My basic goal is to :
1. argue for 50/50 access for the benefits of the kids (i have the arguments and supporting data
2. argue to have a marital contract aside set aside (i have the arguments for showing the agreement for unconscionable, signed under duress, it is one sided and would have an affect on our kids)
__________________________________________________ ___________
I get understand the purpose of this conference. But it's taken me a lot of time to try to track down basic answers for the Trial Management form.
Here are my questions regarding completing the Form (17E)
Regarding question 6a (These are the witnesses whom I plan to have testify for me, the topics about which they will testify and my
current estimate of the length of time for the testimony of each witness, including cross-examination)
1. I don't plan to use witnesses. I only plan to use affidavits to speak on relevant topics. The ex did a bang up job on me with all hearsay based on my attorney's breakdown in court.
Is this common (not using witnesses). In my case there is no proof that i'm a threat to our kids.
2. What are common examples of experts used with regard to question 6b? (These are the expert witnesses whom I plan to have testify, their areas of expertise, and my current estimate of
the length of time for the testimony of each witness, including cross-examination)
I don't think i need to rely on an expert. I've been actively involved in my kid's lives up until being order to leave the marital home (my kids are now 8 and 9). I have a flood of email communication between the mom and i regarding doctor appointments, therapist, and homework. I plan to show that there are no issues with parenting with this kind of evidence. Am i taking the correct path?
3. Regarding the following, question 10 (Are there any expert reports that you intend to rely on at trial?) My ex wife attacks me with hearsay based on our kids medical and educational data. I have Individual Educational Plans, psycho educational evaluation reports and so on that show my positive active involvement.
Do i answer "yes" to number 10 and consider these as expert reports?
4. Regarding question 12 (Attach a list of the relevant orders in this case.).
Does this refer to interim orders from my previous motion hearings that include (her final say, that i vacate the marital home, temporary access schedule and so on)?
I apologize if i'm overthinking this. I'm hypersensitive and a bit stressed about making a mistake that could cost me.
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