Monday, April 25, 2011

Filed a new motion

I had to file a new motion for increased child custody and visitation. The court decision said that I could not file a new motion until I get an update from Ken Perlmutter, but Judge Morse admitted in court that I would not be able to get court paperwork for him to do his update until I file a new motion for custody. So I filed a motion (or technically, an Order to Show Cause, OSC) saying this:
Points and Authorities in support of OSC for custody and visitation

This brief supports more favorable child custody and visitation for our two kids, for reasons stated in the July 2010 OSC and subsequent trial. An April 2011 decision denied relief and continued temporary orders, but did not address the current situation or make any permanent orders. The Court explained on April 19, 2011 that it needed updated information, and instructed me to file this OSC so that it could issue an appropriate order to a psychologist for some of that information. I also ask that [another psychologist] or someone else of my choice be authorized to interview our kids. He is a licensed psychologist and child custody evaluator, and he testified at the trial. The Court also approved this OSC for shortened time.
The clerk scheduled this for May 23. I wrote this before I learned that Perlmutter was flaking out. Of course I want the more favorable child custody and visitation, regardless of whether Perlmutter expresses an opinion or not.

In my opinion, the judge has an obligation to decide herself what to do with my case, instead of passing the buck to Perlmutter or someone else. She agreed to the motion on the assumption that Perlmutter would do her work for her, but the issue is not going away, and it is ultimately the responsibility of the court, not some crooked psychologist who can evade his duties.

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