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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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  #1  
Old 05-07-2015, 11:55 AM
blendedinsanity blendedinsanity is offline
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Default Affidavit Question

Hello, now that we sorted out which forms we are supposed to submit I had a question about the affidavit. I've seen from the searching on this forum that people recommend you keep the affidavit as short and concise as possible particularly since judges likely won't read much anyways. What do you do in a case where (and this is the actual number) we have 612 emails specifically stating that access is being refused due to the wording in the agreement. I'm assuming you wouldn't set out every single email in a separate paragraph that would just get ridiculous, but at the same time would you include all 612 in one exhibit? Or is a general paragraph stating that on 612 occasions the vagueness of the wording was used as a reason to refuse access and not attach anything?

We really think that as soon as she is served she will stop being so unreasonable, but just in case we want to make sure that things are done properly and in the best possible way.

Thank you!
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Old 05-07-2015, 12:26 PM
serendipitous serendipitous is offline
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@OP....your wording could start by saying email correspondence between both parties contain 612 exchanges. Below are 5 of the more crucial instances from the exchanges, where the other party made it clear there will be no access

1. (screenshot)
2.
3.
4.
5. (same as above)

The rest of the transcript can be provided upon request.
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  #3  
Old 05-07-2015, 02:30 PM
Beachnana Beachnana is offline
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Do any of the emails offer another alternative date or time For access Or do they all say that no access as that is how I interpret the wording of the SA?

You need to make sure you have clear denial as you do not want someone hiding behind a vague unenforceable clause.

Your motion would need to state you want to change the wording to ensure clear and defined access. Perhaps also include a parenting plan, which states the times of each parents access, including holiday, annual vacations etc.

Its a lot of work so makesure you have exactly what you need in the change motion.

Last edited by Beachnana; 05-07-2015 at 02:34 PM.
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Old 05-07-2015, 03:45 PM
blendedinsanity blendedinsanity is offline
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It is going in a new application because there are two new issues we need to address as well as this change in wording. The emails all flat out say variations of "The agreement does not specifically say you can see him these days so if you want to see him take me to court." It is typically tied to other issues. For example she decided the child needed a brand new $3000 computer so he could use his existing computer for "recreation" and the new one for school (her words). Dad said no he has a perfectly working computer that is less than two years old, if he needs a new one he does not need a $3000 laptop he's not even in high school. The following week when it was time to discuss pick up time for access the reply was "The agreement doesn't specifically say you can have him this weekend. However, if you contribute to the computer as I requested, I can look at rescheduling my plans." No offer of make up time, no alternate dates, just a flat out no if you don't give me what I want. When he didn't give in on the laptop, no visit. He drove to get him and no one was home. Waited for almost 2 hours calling but no reply until the next day.

Because dad works shift work the agreement says that when his schedule is released he will give mom a copy and that he's entitled to access on at least two weekends a month when he is not working, or as agreed on by the parties. For the first 18 months there were no issues, whenever he was off he would have him. In the summer if dad was off during the week, he would have him those days as well. Some months he would have him 3 weekends and some only 2 but there were never any issues with access. For the last 2 years now though its been "you only get two weekends if the parties agree and I don't agree" or for the summer its "no the agreement doesn't give you any time during the week, only weekends." She had a lawyer who we had been going back and forth with about the issues but we were abruptly told she no longer represented her and have made zero progress dealing directly with her.
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Old 05-07-2015, 04:40 PM
serendipitous serendipitous is offline
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Quote:
She had a lawyer who we had been going back and forth with about the issues but we were abruptly told she no longer represented her and have made zero progress dealing directly with her.
Then serve her @$$ to get some traction going. That will either make her get a lawyer, or self represent herself. All she is doing now is ignoring and just calling bluff. Court papers really make people move once they are served
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  #6  
Old 05-07-2015, 04:49 PM
blendedinsanity blendedinsanity is offline
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Papers are being filed Monday so hopefully that gets her attention.
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Old 05-09-2015, 11:03 AM
LawHelp LawHelp is offline
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Good luck!
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