Motion to Dismiss??

Here's my situation:


My wife was sued back in February, by her ex-husband, for sole-conservertorship of my two step-daughters.& His basis for all of this is that he wants to get out of the child-support and court ordered "visitation" schedule.& I have no problem with that.& I want the state out of all of our lives, also.& Needless to say, I want them out for different reasons than him (he's trapped deep in the "matrix").& However, the suit he brought is based on "abuse and neglect".& This all started Sept. '03 when there was an increase in his payments.& 2 weeks after they increased his payments, we got a visit from Child Protective Services saying they had an allegation of "abuse and neglect".& This was a totally bogus, vindictive&allegation, because the girl's father and I have talked on numerous occassion about how, why and when I would discipline the girls.& He knew that, on occassion, our youngest (6yrs) would get an old-fashioned, over-the-knee "spanking".& He never had a concern, and&basically&co-signed the occassional spanking.


We went through the whole embarassing ordeal of the CPS investigation, and in&January the case was closed due to no evidence to support his claim.& We know it was him who made the allegation, because by the end of our interviews with the CPS investigator she was referring to the "accuser" by name.


Move forward to March- My wife hires an attorney (who is full of ****!) We show up for court ready to fight.Girl's dad&sees that we've made a good stand with about a dozen family and friends there as a show of support (this intimidated him).& Some of which had been subpoenaed to testify, if neccessary.& Anyway, the attorneys go back and forth with each other (making a deal) as we wait for our turn on the docket.& Lo and behold, he decides not to go in and fight in court!& He signs an agreement with my wife to do 2 things:


1. Lock up his pistols and sawed-off shotgun.


2. Pay, in full, for a court-ordered "social study".


What a punk move!!!


If someone was beating my kids and negleting them, I would stroll right into court and state my case.& I would demand that they go home with me today, Judge!!!& But, he did not do that.& He knows that his allegation is without fact and not in good faith.&


Anyway, we are now in the middle of this "social study".& They've interviewed my wife and the girl's father twice, together.& She tells me that he is just slinging mud.& I've told her to not get into mud slinging, but stick to the facts of his suit.& He has the burden of proof.& I'm up to bat next.& They want to interview me, and then see us with the kids in a "family setting".& I'm sick of this!!!!& He is too stupid to realize the crap that he is taking the girls through all because he wants out of the child-support contract.&


Also, bear in mind, that after the 1st interview in the "social study" we all sat down (the father, step-mother, mother and me) in the court cafeteria.& We came up with a temporary agreement where my wife would drop the child-support and we would structure our schedules where he would have more definite involvment in their day-to-day lives.& BUT WAIT, WHAT ABOUT THE ABUSE AND NEGLECT??& Why would he, in good faith, allow&the&children to remain in our home just because my wife drops the child-support.& Well, a few days later, it all fell apart and the "deal" was off between my wife and the girl's dad.&


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To sum it up, his suit is frivolous because it is not in good faith and lacks facts.& Also, would Cornforth's insight into the "competent witness" hold here?& He never took the stand and&made his claim and backed it up with facts.


Could I, and how, add myself to the suit (Pro Se) and file a Motion to Dismiss?& Or, what else could anyone inform me of that would be effective in bringing this suit to an end?


From talking to the girl's dad, he thinks that a judgement will be issued based on the "social study" alone.& However, I checked the State Annotated Code, and it states that we are still entitled to a "fair trial in open court". If it goes that far, cool, we're ready.& But, we want this farce to end now!


Thanks

[Jerseee]

ballsandmyword,


Sorry to hear about your situation.& But you are asking for legal advice for& your situation.


I am not sure what you are wanting to do but this is&a contract dispute.& there is an agreement between 2 parties (child support)--maybe you can start there.


Then (I'm not sure) there is the matter of jurisdiction you could look into.& The Privacy Act comes to mind also.


Hope this helps

[Ice]

If it were me and:


If the case before the court is a charge of abuse and neglect filed by the ex -- motion to dismiss based upon the fact that no facts to substantiate the charge have been placed on the record AND notice the court that there may have been an attempt to perpetrate a fraud upon the court&and that the court may want to consider "criminal" charges for filing a false complaint and perpetrating (or attempting to) a fraud upon the court.


But I would probably do something like that if it were my situation... I'm sure there are plenty of other things that could be thrown into a motion to dismiss... or other things that could be done... just my opinion on this particular scenario.


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Thanks,


That's where&I was headed with this.& I'm doing more research to prepare.& I want to file this motion armed to the teeth.& I'm also looking into other remedies.


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