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Ex parte motion for "in camera" w/my son and the judge - format

Discussion in 'Juvenile Crime, Law & Court' started by courtreporterscopist, Jul 26, 2011.

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  1. courtreporterscopist

    courtreporterscopist Law Topic Starter New Member

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    Can someone please direct me to the most abundant website that offers forms (even if I have to purchase them) so I can do the following. I have a pre-trial hearing against my ex for not bringing my son home for my visits on over 17 occasions as well as TREMENDOUS phone interference.

    I finally have a court date in Aug. and I actually had a visit yesterday with my child. This is the first time I have seen him since Dec. because dad would not bring him home. Please don't even think to pass judgment on me regarding this, I filed a police report each and every time he didn't bring him home & our police will NOT interfere with a custody situation.

    I had to wait for enough evidence to amass against my ex to file the "Motion to Show Cause" and during this time I have called my son each and every day at exactly the same time. I have also kept my ear close to the ground as to any summer sporting camps he was involved in and I didn't miss one day of camp. Dad & Sally got pissed & called the police on me twice during the first couple of weeks until the police told them to knock it the heck off.

    I also keep a "custody/visitation journal" that reflects the horrible treatment and interference my son & I have been exposed to during the last 7 months. It is extremely detailed and it shows a terrible pattern and also explains alot as to why my own 8 year old has hung up the phone over 18 times in a row when I have called. This of course was after I left over 50 messages to get a return call.

    Anyway, I finally had a visit yesterday and it was awesome! My ex is spooked now because he received the "Motion to Show Cause" in the mail. Thus, the visit.

    The first 15 minutes of the visit were rough for my child. He said "I can't hug you mommy because daddy is watching and I will get a spanking when I get home" There are other comments he made in the beginning of the visit.

    At the end of the visit his behavior changes dramatically, he gets very upset, starts getting mad and says "I miss you, daddy and Sally say that they are my family and I only get to see you when they say so, I am sad now and I want to run away."

    There were other things my child said and I observed during this visit that are very unsettling, including the fact that he is pulling his hair out during the visit and looking out the windows like a nervous wreck to see if daddy is watching. My son told me enough to make me so angry that I cried for most of the evening after he left.

    Now that I know what he has been going through since our last visit in December, I have the upcoming court date in August and I want to request a "ex parte" meeting with our judge (yes, they do permit them here) I called the courthouse today regarding this.

    I also KNOW that in OUR juvenile court you CAN ask for an "ex parte" meeting with the judge BEFORE your court date and you are told up front that you will be sitting in the court house all day waiting for the judges' cases to be completed.

    Then the judge will see you.

    FORMS AND FORMAT HELP PLEASE NOT OPINIONS - I am going to approach the judge and ask him "ex parte" if he will please do and "in camera" interview with my child without prior notice to either me or my ex so he can't be threatened to "keep his mouth shut or else" My child is terrified of his father because he has threatened him, has hit him and the psychological/verbal abuse he is suffering is making ME attend MORE counseling sessions for myself.

    My son goes to counseling too but it is a front my ex is going through as part of the court order. He takes my son to his counseling sessions once a month and daddy stays in the session the entire time. Yes, the counselor is a friend of daddy's and his current wife. Therefore, my son gets no relief for everything he is bottling up inside. (thus pulling out his hair in big patches, & wanting to run away)

    On that note, can someone please tell me the names of the forms I need to file, how to word some of it and quote this information from OHIO, not other states. I need Ohio, information in Lake/Geauga, please don't bash my ex and what I am doing about it.

    I think it's clear that I am taking him to court, and I was told back in Dec. by our Protective Services division that they won't help because this is not a child abuse/endangerment case. Nor, do I want these people in my life because they have already torn my family apart by doing very shoddy investigations and reporting.

    I am prepared, if necessary, if a lawyer or paralegal steps forward to pay for these forms to be prepared professionally but I have to do the "ex parte" 7 days before the court date which is tomorrow or Thursday being 7 days before court.

    My intent on this day in court is to put a couple of emergency motions in place until there is a "trial" date on the calendar.

    My son needs some kind of relief IMMEDIATELY so I will also file the "Emergency Motion to Assign a CASA/GAL"

    I am trying to achieve via the "ex parte" that while we are in court for the pre-trial that the judge has a police office pick my son up at home and drives him to the courthouse and takes him right into the judges chambers for an "in camera".

    My child was informed last year by his CASA and 1 other person that this may occur and that it does not mean that you are in any trouble and that nothing you tell the judge will be told to either mommy or daddy.

    I am pretty confident if the judge can do an "in camera" he will get a better understanding as to the emotional extortion this child is going through because of dad and step mom.

    If there are any Ohio attorneys from my area reading this, please answer to this post!!

    Thank you in advance for your help! I can drive to your office to draft the motion, or I will pay for someone to dictate the verbiage it takes for me to file the "ex parte' motion for an "in camera" with minor child.

    I used to work for an attorney who specialized in Corporate Law NOT Family Law, so I need the "meat and potatoes" part of this motion as I am familiar with the margins, headings, exhibits, POA, affidavits, etc.

    PLEASE RESPOND TO THIS THREAD IF YOU CAN ASSIST LEGAL HELP FOR THE COUNTY LISTED ABOVE - Ohio Legal Aid's link isn't working right now.
     
  2. Proserpina

    Proserpina Moderator

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    Why not simply start calling local attorneys in the morning? Ask about "bundled" services.


    Truly, nobody here can help you draft your motion. That would actually likely be wandering into legal trouble for the site itself.
     
  3. wirelessany1

    wirelessany1 New Member

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    Solid advice
     
  4. courtreporterscopist

    courtreporterscopist Law Topic Starter New Member

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    I checked the list of members before joining this site due to the diversified group of people including several in Ohio who show that they are active members in this legal community. And I have opened the phone book - after the 2 of you who posted replies to my request you should both be assured that I have enough brains to eliminate the obvious before posting.

    I guess I stumped you both for answers. I truly have scoured the yellow pages, even had an attorney give me $400 of my own money back because he was too busy to draft my motions and his assistant took my money not knowing his calendar was jamb packed.

    So I turned to this site because of the "legal" presence from almost every state and had hoped to find someone who would step forward and would let someone pay them to dictate a tape recording for a paying person to transcribe so she could be prepared in court. I spend countless hours in the Law Library in our local courthouse basement and they have ALL the law books and O.R.S. too, so I have done the legwork, phone calls and turned here as a last resort.

    After reading several "posts" by other people, I see a common thread of 3 sometimes 4 people who are the major "posters" and they don't live in my state.

    Sound of wind being knocked out of my sail.................Whoosh
     
  5. Proserpina

    Proserpina Moderator

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    Okay then.

    So, if you've already gone through the phone book and nobody is willing to do that for you - what is that perhaps telling you?
     
  6. courtreporterscopist

    courtreporterscopist Law Topic Starter New Member

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    Request for ex parte with judge before pretrial

    Proserpina
    Okay then.
    So, if you've already gone through the phone book and nobody is willing to do that for you - what is that perhaps telling you?


    Again, no help but a challenge to my abilities to find help and because the attorneys are busy but what's making this more difficult is that a good majority of the cases in our juvenile court are a total mess because our beloved judge was killed while riding his bike in May.

    Our Judge ran the entire Probate, Juvenile, Marriage License division and more of the courthouse. They have had to bring in 2 judges just to try and cover the amount of work he covered and this means several lawyers have pitched in to help with the appointment of a new judge in time for the next election.

    There are also attorneys that are honest on the phone and even if they live 1 county away, they are honest enough to tell me that they aren't familiar with the forms or rules for this county.

    So what subliminal message do you think I am being given here Properpina? Your comment suggests that and "ex parte" Motion has never been done. Also, with technology evolving so quickly, I also asked in my post if someone could point me to one of the more popular websites that shows actual examples of verbiage and terminology that would be best suited for filing out the "ex parte" Motion.

    So if the local lawyers are busy or can't see me til next week that doesn't mean that I am trying to accomplish something that hasn't been done before and to suggest that sounds like another opinion and is of no help at all. There have got to be some outside resources available online right?

    And what state are you from Prosper? Just curious why you are weighing in if you don't have an available appointment at your office here in Ohio which is what I am looking for.
     
  7. Proserpina

    Proserpina Moderator

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    That wasn't actually my point ;)

    If you have already exhausted the local resources, there really isn't much an internet forum - even one as wonderful as this - can do for you. If local resources cannot or will not help you, that just may be because they don't think you have a viable cause of action and would in fact be wasting theirs and your time.

    The posters here cannot give case-specific legal advice and that is what you're asking for, essentially.

    It may also help you to re-read the TOS for this site.

    Have a great day!
     

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