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Case Conference Brief Below - Seems too simple am I missing something?

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  • #16
    ahhhh... so we should all focus on the main issue!

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    • #17
      Briefs are to be simple and to the point, but, and yes the famous "BUT" it is more complicated when in Court as the other has her reasons for "rejecting' your offer and why you are in Court to discuss the matter!
      These are questions, issues you need to be prepare to answer the Judge in Court:
      1. is there a history, problem in past as you must be concerned for you to file a motion with your request. What are your concerns? Be honest and specific!

      2, You want to know the "Location"-example if your child is going to U.S., is that sufficient or are you requesting the exact location in the U.S.? and if requesting the "exact location", your reasons for the request?

      3. 30 Days Notice: Why is 30 days notice required? why not a week or even a couple of days before via email, telephone call depending on your communication with your ex. Some trips especially for a long weekend are planned at the last minute. Same with sports activities, tournaments depending on many factors (financially, work schedule etc) and planned at the last minute sometimes a week, a couple of days ahead or for some unforeseen circumstances the child cannot attend at the last minute, and reschedule the following week.
      Unfortunetly that is reality.

      As one Judge said: "I hope what you are asking for, is not to plan your vacation at the same time and location as the other parent, and if this is the case, it is not going to happen"!

      Duration- the "approximate duration" would be more appropriate due to unforseen circumstances such as: visiting relatives longer than expected, plane cancellation etc..

      Border Crossings as a safety precaution usually request depending on the Court Order for a "permission letter" written by the non custodial parent. Some parents out of spite and revenge will refuse to provide such, maybe not realizing they are only depriving the child, causing problems amongst the child and the non custodial parent with someone having to explain to the child in your case your 14 year old, why she is not allowed to go on a trip or the difficulty involved!
      We want to do what is right for the child and at the same time protect them and know where they are.

      Comment


      • #18
        Originally posted by TLCRN View Post
        Briefs are to be simple and to the point, but, and yes the famous "BUT" it is more complicated when in Court as the other has her reasons for "rejecting' your offer and why you are in Court to discuss the matter!
        These are questions, issues you need to be prepare to answer the Judge in Court:
        1. is there a history, problem in past as you must be concerned for you to file a motion with your request. What are your concerns? Be honest and specific!

        2, You want to know the "Location"-example if your child is going to U.S., is that sufficient or are you requesting the exact location in the U.S.? and if requesting the "exact location", your reasons for the request?

        3. 30 Days Notice: Why is 30 days notice required? why not a week or even a couple of days before via email, telephone call depending on your communication with your ex. Some trips especially for a long weekend are planned at the last minute. Same with sports activities, tournaments depending on many factors (financially, work schedule etc) and planned at the last minute sometimes a week, a couple of days ahead or for some unforeseen circumstances the child cannot attend at the last minute, and reschedule the following week.
        Unfortunetly that is reality.

        As one Judge said: "I hope what you are asking for, is not to plan your vacation at the same time and location as the other parent, and if this is the case, it is not going to happen"!

        Duration- the "approximate duration" would be more appropriate due to unforseen circumstances such as: visiting relatives longer than expected, plane cancellation etc..

        Border Crossings as a safety precaution usually request depending on the Court Order for a "permission letter" written by the non custodial parent. Some parents out of spite and revenge will refuse to provide such, maybe not realizing they are only depriving the child, causing problems amongst the child and the non custodial parent with someone having to explain to the child in your case your 14 year old, why she is not allowed to go on a trip or the difficulty involved!
        We want to do what is right for the child and at the same time protect them and know where they are.
        All great advice!

        Comment


        • #19
          Originally posted by billiechic View Post
          ahhhh... so we should all focus on the main issue!
          The main "issues" that are cogent and relevant.

          Keywords: cogent and relevant.

          Relevance is the hardest thing to learn in legal matters. Justice Brownstone covers it in his book but, there is so much more to it.

          Complaining that the other parent lets your children watch specific TV shows and movies is not a "main issue". Yes, people do this... Pages and pages of this kind of crap that is irrelevant. I have even seen represented litigants put this affidavit material forward.

          Good Luck!
          Tayken

          Comment

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