Strategy for upcoming trial

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Re: Strategy for upcoming trial

Unread postby dadforever » Tue Jan 02, 2018 9:30 pm

Have you read the report? If it's poor (or even neutral if you have status quo), 'explaining' it isn't going to be good enough. You have to discredit it. Keep in mind these pretenders (aka probation officers) are themselves supposed to be highly trained to spot an alienated child. Of course they know no such thing, but the pretense will easily allow the Judge the fallback position of 'they didn't see it so it's probably not present in this case'. Cmon now you've been at this long enough to know this.

Question: do you think your ex is so adamant to call a witness whose (supposedly) expert testimony can be 'explained'?
You are being set up unless you dig in and fight back imo.
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Re: Strategy for upcoming trial

Unread postby dadforever » Tue Jan 02, 2018 9:39 pm

Massdad just an FYI this guy is a solid dude who really loves his kids. I vouch for him.

If you have the time try and check out Dr. Childress' blog and/or videos. Super cliff notes version is that parental alienators are subtle abusive monsters. Guys like him eventually come to a point where all other efforts are exhausted and the only thing left to try is to make the effort to inform the court who the other parent really is. I'm not saying it will work but in my book it's better than capitulation.
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Re: Strategy for upcoming trial

Unread postby whatever_works » Tue Jan 02, 2018 9:47 pm

Thanks mass. Likewise.

The reason I don't have much time with the kids is because of the sins of the mother. What more could I have done to get more time with my kids considering I had clear orders from the courts? I read about a case where the mother had to wait over a year to change the temp orders. She went from EOW to primary. In my case, it is a 3 year wait. I am a law abiding citizen who respects the law. The process is very slow and the judge of all the people understands that.

As far as the custody goals are concerned, I think the judge could be persuaded to go from 3 nights to 5 nights. That is 35%. In MA judges are encouraged to give at least 33% to NCP. If I can get to 6 nights, that is 42%. Courts in MA have counted 44% as shared parenting. A few extra nights during vacations and I am home.

Speaking of home, I am also waiting to see how the marital home plays out. If I can get that, it might get easier to get shared physical custody.

dadforever, you make a very good point about explaining away the "expert." You are right in that I may be underestimating the impact. I will have to rethink that.
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Re: Strategy for upcoming trial

Unread postby massdad1234 » Tue Jan 02, 2018 10:18 pm

no doubt, he is on the level.

WW - so explain how this safety deposit box helps strengthen your case for parenting time or does it involve asset division?
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Re: Strategy for upcoming trial

Unread postby whatever_works » Wed Jan 03, 2018 9:32 am

Safety deposit box is all about asset division. Unfortunately it also partly unmasks the lies and deceit that STBX has used. I understand no one cares about those things in this forum. But that is the narrative I want to use

1. A great dad lost parenting time due to STBX's lies and greed
2. Current status quo was arrived at due to 1
3. Shared parenting would be better because of the history of my great parenting skills

STBX has not challenged any of this. Her argument is that WW is a bad husband so he should not have any time with the kids. She agreed during the depo that the current < parenting time > time is too little but didn't say how much more is appropriate. In addition, she thinks that she should get more CS.
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Re: Strategy for upcoming trial

Unread postby LovingDadof2 » Wed Jan 03, 2018 10:22 am

whatever_works wrote:Older girl is making up stories because of parental alienation. The younger girl is starting to fall in the same trap. While she was saying one thing for 3 years, as soon as the probation offer was assigned to my case, she started singing a different tune. Mom has promised her a puppy. Mom has promised her a custom registration plate with her name. From the cases I am reading about, these things count as signs of alienation.
Hear say, hear say.

Unfortunately, you are going to need more than just saying Mom said this and Mom said that. It's sucks but that's reality. If your daughters don't collaborate what you are saying, then it's really an uphill battle. And now you are falling into the trap of making the mother look bad.

I would refocus and state how it's in your children's best interest to have their father involved in their lives, etc. Make the OC prove why you shouldn't. Stay positive.
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Re: Strategy for upcoming trial

Unread postby whatever_works » Wed Jan 03, 2018 10:56 am

Makes sense. Thanks for your inputs. My 3 steps outline the narrative i want the judge to hear. I will be solely focused on #3. I definitely don't want to do the job of making mom look bad. But the lawyer has to draw the bigger picture first (or at the end).
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Re: Strategy for upcoming trial

Unread postby Chicyn2001 » Wed Jan 03, 2018 12:17 pm

dadforever wrote:You have to discredit it. Keep in mind these pretenders (aka probation officers) are themselves supposed to be highly trained to spot an alienated child.

That's not true at all. Are you thinking of social workers or some type of court appointed psychologist?

Maybe I missed it but why is a probation officer involved in your family court matters? There was mention of a false DV charge but that was dismissed I believe so I'm not seeing why the probation office has a role here.
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Re: Strategy for upcoming trial

Unread postby whatever_works » Wed Jan 03, 2018 12:51 pm

A probation officer was ordered by the court to talk to the children to get their wishes into account. This was after my request for a GAL was denied.
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Re: Strategy for upcoming trial

Unread postby Chicyn2001 » Wed Jan 03, 2018 2:28 pm

Okay, maybe they wear several hats in MA. I've worked in multiple jurisdictions and I've never seen a probation officer that was trained to investigate a custody situation in any way, shape, or form. I'm not doubting you, it's just a foreign concept to me.
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