Postby READY » Thu Jan 06, 2005 10:46 pm
This proceeding is going to take place in the State of Maine. Under Maine law I do not have to file for Custody in order to get it. Since she was the one that filed for the TRO, she has the burden of proof. There is no doubt that she will fail with or without counsel.
In the event she does have counsel for the hearing I am sure she told him that what was in her complaint to be true and that is what took place. Big mistake.
Since Family Court moves so swiftly in Maine, if she did retain counsel he will not have time to file for discovery. (in other words the he will not know what we have for evidence (since were are the defending a case brought on by her the “Plaintiff”) and that the Maine Courts do not allow Motions to Continue when Children are involved. She is stuck in the mud.
We have held off on filing the cross motion for contempt at this time. We will wait for the clear outcome of the TRO hearing and there is not any doubt we will prevail. However, my legal counsel has decided that after we prevail he will file the motion for contempt before we leave that day. (He has everything ready to file)
When that happens (we will be using the same tapes that were used to defend the TRO to prosecute the contempt motion) and the Judge will have had enough.
Sole Parental Rights in Maine can be awarded if there is a substantial change in circumstances "since the Divorce Judgment was entered into the Court".
So… in a “nutshell” there has been a substantial change (her attitude toward contact, < parenting time >, degrading remarks, kids and me involved in mortgage payments, willful misuse of the RO process etc.
When the Court finds her in contempt (which they will by her own testimony from the tapes) He will then under the circumstances move the Court to grant me sole parental rights. Based on the tapes it will most likely happen. If not I have many more to be reviewed. But one thing is for sure…… after SHE listens to the tapes in Court I can just imagine how pleasant she will be on the phone going forward.
That’s when the being “READY” process will start all over again………..