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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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Old 01-31-2010, 10:53 AM
Miss.Stepmom Miss.Stepmom is offline
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Unhappy Trial and Discovery Help

Hi Folks I am new to this site. The following is the brief out line, my questions are at the end.

My husband has joint custody with the ex since 2007, weekend holiday access etc. The situation worked well, he always paid support on time etc. At the end of 2008 the ex just stopped being cooperative. The court order says that my husband is to arrange transportation however his ex always refused offers to pick up and drop of the children from us. In October 2008 we moved about 30 kms away so in total we were 40 kms away from the kids. Again we offered to provide transportation and ex said no. The first weekend we moved to our new house the ex dropped the kids off (we went from a small 2 bdrm duplex to a 5 bdrm house, we had 6 kids in total now 7, 4 with husband and ex). The weekend she dropped the kids off I asked how the drive was and again offered to pick up and drop off. The ex again declined. The next weekend at 5:30 we got a text saying she would no longer pick them up and drop them off. My husband had already left for work, he works 3-11. So I borrowed the car and went to pick them up. The next weekend I went and picked up the kids. On the Sunday the kids were to go home the ex text right as we were putting the kids in the van to go home and said she had to work late we had to keep the kids. We told her it wasn't enough notice and couldn't and drove the kids home. The ex wasn't there. I called her work, she wasn't at work. I text her and offered to drop the kids off at her work. She finally admitted that she wasn't at work and was out with her boyfriends mom. We brought the kids home. The next day she text at 11:30 and asked when we were driving the kids back. We told her she had to come get them. She called the police on us and said we were kidnapping. The police said we weren't doing anything wrong and to bring the case back to court. The next weekend she refused access. The weekend after that she refused access by calling the police when we showed up. My husband then had to start going Saturday mornings to pick them up. At Christmas we took the kids for the 2nd week. On the Sunday they were to go home, she called and left messages saying her and her boyfriend had broken up, she had no money, her youngest was living with their grandma and all her bills were behind by 3 months and her rent bounced. She asked that we keep the kids for 3 weeks until she got her baby bonus. My husband called back to speak to her and told her because we have 6 kids and a 5 seat vehicle and my husband works evenings and I days, we couldn't drive them back and forth to school for 3 weeks. They came to an agreement that we would take the kids for the rest of the school year giving her sufficient time to get on her feet. Then they would go back at the end of the year. We transferred them schools and they were surprisingly good with the transition. The following Sunday the ex had asked to pick them up for a day visit. My husband agreed. The ex came to pick them up, was supposed to bring them home at 8 and never showed. My husband called her and she said he wouldn't see the kids again until he got rid of me. The next day my husband called C.A.S and let them listen to her messages. He brought an emergency motion with notice. The C.A.S report said there was food and the kids basic necessity's were being met. The Judge ruled that it wasn't an emergency but ruled that a case conference was to be held and that OCL would be involved. So now fast forward...to now. We paid over $10,000 for a lawyer only up to case conference and got killed at the support motion, we didn't provide enough proof showing shared custody. Now we can't afford a lawyer anymore. We are going ahead with trial without a lawyer, stupid I know but we have no choice.

Here's the problem we just filled out the trial management conference form and I'm pretty sure I screwed up. I didn't add the evidence we are planning to use...(4 days of no sleep trying to get it done). Our trial mgmt conference date is on feb 4th. How do I get other evidence added in?? Between now and Trial are we allowed to add Affidavit evidence to the continuing record? How do you add Voicemail recordings as evidence? What is this discovery process I am reading about??

Please help.
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