Reconciliation Failed/Pre-Trial Scheduled

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Reconciliation Failed/Pre-Trial Scheduled

Postby sharpie » Sat Apr 28, 2012 7:09 am

I'm back, and as many had speculated the NJ was never dedicated to reconcilation. Here is a summary of what has happened since February. The court ordered us to go through a minimum of three sessions of custody mediation. Our custody mediation turned into marriage therapy sessions based on both of us agreeing to this. Well, when it came time for the NJ to drop divorce and have the kids return to the marital home at least until the end of the school year, she refused. Once an NJ, always an NJ. Fast forward a little. Last week my counsel submitted two motions. One for a home study of NJ's parent's home and ammended custody of minor children. In response the NJ's attorney submitted a motion to assign a GAL. At court, NJ's attorney didn't show up and instead had her colleague attend. He was unfamiliar with the case. My attorneys did most of the talking with the Judge. Now, this Judge is well known to be very passive and doesn't make decisions. A court order was signed allowing 28 days for each side to respond to the motions. My attorneys indicated they are not going to even waste the time or money to respond to the NJ's motion for a GAL, only because either the Judge will assign one or not. The next court date is a Pre-Trial. The Judge asked both parties to bring as many people involved in the case. The Judge did say she was pleased that their is a lot of family support. Overall my attorneys said the court hearing went well for us. Any advice on how to prepare for the Pre-Trial?
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby BartSimpson » Sat Apr 28, 2012 7:37 am

What does a "Pre-Trial" mean in your jurisdiction?

Where I am, it is a simple hearing to clean up any loose ends and motions. It did not involve any witness testimony.

Dragging your family to Court to testify on your behalf, and her family to swear to her wonderful-ness, is a huge waste of time and costs lots of attorney's fees. What third-party witnesses do you have, like teachers, doctors, professionals involved with the children?
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby sharpie » Sat Apr 28, 2012 8:11 am

I'm in IL. I believe it's when a Judge would let us know how she would rule if it were a final hearing.

I understand it could be a waste for everyones family members attending. However, the Judge did ask. I believe she did so because my parents have been primarily caring for the children as well. I have the children's pediatrician on my side, as he is a very close family friend of ours. I don't think the school is going to get involved, although the Principal is aware of the situation and believes the kids should remain in the school. What can I get from the school to make my case even stronger?
Last edited by sharpie on Sat Apr 28, 2012 8:42 am, edited 1 time in total.
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby defaultuser » Sat Apr 28, 2012 8:31 am

If I were you I'd do what the judge asks. Bring as many people as possible to testify that you are the one that cares for the kids, and do a great job doing it. Also be ready to submit documentary evidence that backs up your case.

As far as the school, you can subpoena them to testify, which they probably won't be overjoyed about. You should do this only if they have something positive to say about your parenting or involvement.
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby BartSimpson » Sat Apr 28, 2012 8:33 am

So this custody battle is about which set of grandparents are going to raise the child?
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby sharpie » Sat Apr 28, 2012 8:51 am

Essentially, yes it's about which set of grandparents should the kids be with. My parents have a much stronger position.
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby CCR » Sat Apr 28, 2012 8:55 am

sharpie wrote:Essentially, yes it's about which set of grandparents should the kids be with. My parents have a much stronger position.


Oh boy....I've never seen this approach work. And, in IL, as a general rule, men drool and mommies rule.

I picture what you propose about the grandparents to work against you.
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby sharpie » Sat Apr 28, 2012 9:09 am

Even though it's been like this for the past 7 years?
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby Trevor » Sat Apr 28, 2012 12:18 pm

So you are paying attorneys to fight for custody for your parents? How much time are YOU gonna be with your kids?
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Re: Reconciliation Failed/Pre-Trial Scheduled

Postby sharpie » Sat Apr 28, 2012 12:30 pm

My parents live with me. I work 5 days and home when the children get done with school. I normally pick them up. When I'm at work, my parents have always watched the children.
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