How to Obtain and Submit Evidence for a Custody Case

My question involves a child custody case from the State of: Oregon. I have a question in two parts. First part is about evidence admissibility. I found out my ex ,during direct examination . Had her boyfriend tell a lie about their where abouts when they claimed car trouble kept them from meeting to pick up my daughter for my parenting time. I was given by a third party a copy of the bill/receipt. EX had her boyfriend testify that they were getting work done,but only ordered the part that day. The work was done the next day. The part was ordered several hours before it was time to meet. Ordering the part took 15 minutes according to invoice. I know he documents are not admissible. How do I handle this ? Do I subpoena the originals and the custodian of records ? I do not know the name of that person. I do have invoice number. Next where can I get fill in the blank subpoena for Oregon ? Do I use the title custodian of records and ask them to have the original with them when they arrive ? Any guidance would be most gratefully appreciated.

Quote:

---

Quoting orygundewd

---

My question involves a child custody case from the State of: Oregon. I have a question in two parts. First part is about evidence admissibility. I found out my ex ,during direct examination . Had her boyfriend tell a lie about their where abouts when they claimed car trouble kept them from meeting to pick up my daughter for my parenting time. I was given by a third party a copy of the bill/receipt. EX had her boyfriend testify that they were getting work done,but only ordered the part that day. The work was done the next day. The part was ordered several hours before it was time to meet. Ordering the part took 15 minutes according to invoice. I know he documents are not admissible. How do I handle this ? Do I subpoena the originals and the custodian of records ? I do not know the name of that person. I do have invoice number. Next where can I get fill in the blank subpoena for Oregon ? Do I use the title custodian of records and ask them to have the original with them when they arrive ? Any guidance would be most gratefully appreciated.

---

Lets say that you can prove that the work wasn't done until the next day and that all they did was order the part. Can you also prove that the car was actually running so that they could have used it to meet you for the exchange?

Did you attempt any alternate method of receiving the child? IE you going to them to pick up the child?

Is this a situation where there are ongoing problems with you getting your child for your parenting time? Or is this a one off situation? If you want a contempt case to be taken seriously you are going to have to prove that they willfully withheld the child from you. The fact that they ordered a part and the work wasn't done until the next day doesn't prove that the car was running and could have been used...nor does it prove that they denied all other possible means of getting the child to you.

If this is a one off situation, its not going to be taken very seriously by the courts. If its the last in a long series of denials, then that would be a different story.

Oregon has a little bit different approach. I am not filing show of cause for contempt. I am filing an enforcement of parenting time order. I am not interested in punishment . I am after stopping this ongoing problem. This will be the third enforcement of parenting time I have filed. I have been prevailing party both times. Each time I have only asked for makeup parenting time. Each time I made sure my daughter got to see her Mom. I am operating under the doctrine of my girl first last and always. I was going to her apartment to pick up my child. My motive here is to put a stop to losing special moments that will never come again. I have not seen my little girl open up Christmas presents on Christmas morning in 2 years. It will be her mothers turn this year as well. She has custody we rotate weeks. I have her one week she has her the next. Even years are mine, odd hers for every holiday. When she does not get her way she denies me any time she thinks she can get away with. The judge hearing our case last time in his court told his clerk that this case number comes to his court room every time. I am fairly certain he suspects her of being dishonest when there is no one to dispute her claims. That just happens to be what is going on. This is more than I wanted to explain really but since I am here hat in hand looking for help I guess it is only right I do give some accounting. I really need some direction on how to accomplish this.

- - - Updated - - -

Quote:

---

Quoting llworking

---

Lets say that you can prove that the work wasn't done until the next day and that all they did was order the part. Can you also prove that the car was actually running so that they could have used it to meet you for the exchange?

Did you attempt any alternate method of receiving the child? IE you going to them to pick up the child?

Is this a situation where there are ongoing problems with you getting your child for your parenting time? Or is this a one off situation? If you want a contempt case to be taken seriously you are going to have to prove that they willfully withheld the child from you. The fact that they ordered a part and the work wasn't done until the next day doesn't prove that the car was running and could have been used...nor does it prove that they denied all other possible means of getting the child to you.

If this is a one off situation, its not going to be taken very seriously by the courts. If its the last in a long series of denials, then that would be a different story.

---

I have one question for you how would any of this excuse perjury and oath breaking ?

Perjury is a matter for the prosecutor (usually the county's District Attorney). You can provide your "proof" to their office and let them decide if they will pursue it or not. I don't see where the issue about a part PROVES that the BF lied, but, you can pass it on to the prosecutor and see what he has to say.

Quote:

---

Quoting orygundewd

---

Oregon has a little bit different approach. I am not filing show of cause for contempt. I am filing an enforcement of parenting time order. I am not interested in punishment . I am after stopping this ongoing problem. This will be the third enforcement of parenting time I have filed. I have been prevailing party both times. Each time I have only asked for makeup parenting time. Each time I made sure my daughter got to see her Mom. I am operating under the doctrine of my girl first last and always. I was going to her apartment to pick up my child. My motive here is to put a stop to losing special moments that will never come again. I have not seen my little girl open up Christmas presents on Christmas morning in 2 years. It will be her mothers turn this year as well. She has custody we rotate weeks. I have her one week she has her the next. Even years are mine, odd hers for every holiday. When she does not get her way she denies me any time she thinks she can get away with. The judge hearing our case last time in his court told his clerk that this case number comes to his court room every time. I am fairly certain he suspects her of being dishonest when there is no one to dispute her claims. That just happens to be what is going on. This is more than I wanted to explain really but since I am here hat in hand looking for help I guess it is only right I do give some accounting. I really need some direction on how to accomplish this.

- - - Updated - - -

I have one question for you how would any of this excuse perjury and oath breaking ?

---

Dad, how long have the court orders been in place? This is your third trip to court in how long? You didn't really answer the questions I asked. Even if you prevailed the last two times you would need to prove your points this time, and I am still shaky on whether or not you can do that.

Orders in place since Aug 2011. Third trip since Oct 2013. My transcript says "Micheal why were we unable to be at our apartment for exchange?" His reply "we were at Les Schwabs in Lebanon getting the work done on the cv joints and axle in our car we were late because Les Schwab's had problem getting the new axle in . It took over 4 hours to do the job" The reality they were there for 30 minutes at 10 o'clock in the AM. The next day Les Schwabs did the job in 1 hour 10 minutes. The excuse of the shop taking too long lead to make up parenting time being denied at that time. That makes it a material fact. They both knew that he was making a false statement under oath. That makes it perjury. I could care less if they get punished. It will make it clear that they will lie when they think they can get away with it. What that does to the Judges decisions I do not know. It can't help. The Judge will decide what he does with it not me. I know it is perjury. That is not where I need help. I need to find some place to get blank subpoena forms. I need help in the language of writing one when you do not know the person's name but must rely on the job title. llworking I am sorry if I am coming off sarcastic. I have the feeling you can help me if you want to. Do you need any more information ?

I'll be blunt, if I may?

In a lot of court-rooms, you would actually be running the risk of the judge getting pissed with you rather than Mom.

Look. The courts don't want to micromanage this stuff, and this issue in particular is going to induce some serious rolling of the eyes and your wish to get "something on the record" may backfire on you.

Do you know how many times perjury is even prosecuted? It's rarer than the Cleveland Browns winning the Super Bowl.

I'm not kidding. You're only going to get so far when you run back to court every twenty minutes.

Forget perjury. Present your evidence as necessary and let the judge make the call. If you can show that her excuse may not be valid, you will prevail which is apparently all you really want here anyway.

Quote:

---

Quoting Dogmatique

---

I'll be blunt, if I may?

In a lot of court-rooms, you would actually be running the risk of the judge getting pissed with you rather than Mom.

Look. The courts don't want to micromanage this stuff, and this issue in particular is going to induce some serious rolling of the eyes and your wish to get "something on the record" may backfire on you.

Do you know how many times perjury is even prosecuted? It's rarer than the Cleveland Browns winning the Super Bowl.

I'm not kidding. You're only going to get so far when you run back to court every twenty minutes.

---

Are you suggesting that I just let her ignore court orders ? I am doing nothing other than discrediting her testimony. I will not go to DA or police and try to get her charged. I have much better sense than to tell the Judge what to do. I also have police reports with her telling lies to avoid trouble. In two reports I found five easy lies to prove. They have told so many now all I have to do is exclude witnesses and I will show it is standard practice to say anything to avoid responsibility for their actions. We also know it will most likely be handled with contempt charge if it is. I have no say in that. Is it the advice from all of you that I do not discredit her testimony and that of her witnesses when they lie ? Please I am not clear on this. If I do not discredit them what do I do when she lies to the Judge ? Oh I got date wrong it is third trip since Oct 2012, with more than a dozen violations since last hearing.
- - - Updated - - -

cdwjava in response to you.

You are right. I will follow your advice and simply present evidence to discredit her testimony . Do you know how to word a subpoena where you do not know the persons name ? I do not know if she is called office manager a secretary ,counter help , clerk. Any help from anyone i will be grateful. I found where to get the fill in the blank forms myself. Can anyone help with wording ?

You really need to break that up in paragraphs with white space between the paragraphs. A big block of text like that is very difficult to read.