1.  Forms

All Forms

Forms List

1.  Pretrial Statement - JDF 1129

• Let the Judge know what issues need to be decided.
• Let the Judge know your opinions on those issues.

2.  Sworn Financial Statement - JDF 1111

• Your financial information.
• This one includes any changes since the last time you filed this form.

3.  Witness List - JDF 71

• Sample Witness List
• Let everyone know who you plan to call as witnesses.

4.  Exhibit List - JDF 72

• Sample Exhibit List
• Let everyone know which documents you plan to submit.

5.  Subpoena - JDF 80 and JDF 80.1

• Sample Subpoena
• This document requires someone to come to the Hearing.

6.  Motion for Absentee Testimony - JDF 1309 and JDF 1310

• Sample Motion
• Requests a witness to testify virtually or by phone.

2.  Terms

Permanent Orders

• The term used for the final hearing in a custody case.
• The title for the Judge's final written orders.

Witness

• A person you ask questions to at the hearing.

Exhibit

• A document or other evidence given to the Judge for their consideration.

Subpoena

• A document that requires someone to attend a Hearing.

3.  Plan for the Hearing

Why do this?

At the hearing, you will report your position on the motion to change the parenting plan.

Outline

Plan out your report

• Issues  –  Know what is left for the Judge to decide.
• Law  –  Know what the Judge can consider when making decisions.
• Facts  –  Know which facts the Judge can use to apply the law.

  Draft Outline

Witnesses

A witness gives facts to the Judge by answering your questions.

• Select which people have facts the Judge needs.
• Write questions you want to ask each witness.
• Prepare the witness by reviewing with them the questions you will ask.

A witness can volunteer to come to the hearing.

Or, you can require a witness to come.

• File a form called a subpoena
• Subpoena  –  JDF 80

Exhibits

A witness can talk about the documents you provide.

• Select which documents contain facts the Judge needs to know.
• Organize each document.  Label it with
  • A number (Petitioner), or
  • A letter (Respondent).
• Know which witness can talk about that document.

4.  Pretrial Statement

What is it?

This form outlines the remaining problems the Judge will need to decide.

It will also include:

• A list of people you want to talk, at the hearing.
  • Witness List - JDF 71
• A list of the documents you will present at the hearing.
  • Exhibit List - JDF 72
• A copy of all the exhibits.
• An updated statement on your finances.
  • Sworn Financial Statement - JDF 1111 SC

Who files this?

• If neither parent has a lawyer:
  • Then you will both file a statement.
• If one parent has a lawyer:
  • Then that lawyer will file a statement for both of you.
  • Send your portions to the lawyer 14 days before the form is due.

When is it due?

Seven days before the hearing.

5.  Go to the Hearing

Give Your Position

Presenting Facts

• Focus on facts that will help the Judge decide the issues. 
• Ask questions to your witnesses.
  • This is called Direct Examination.
• Ask witnesses about your exhibits.

Tell your story

• Let the Court know your position and why.

Oppose Other's Positions

• Ask questions of their witnesses.
  • This is called cross-examination
• Or, you may present exhibits that show that a witness is not telling the truth.
  • This is called rebuttal evidence.
  • The hearing is your once chance to show that a witness is lying.

5.  Final Decision

What will the Court Do?

The Court will decide if the parenting plan will change.

How Does the Court Decide?

The Court will:

Look at Facts by

• Listening to the testimony, and
• Reviewing the exhibits

Determine the truth by:

• Deciding which witnesses are more believable, and
• Deciding which exhibits are more believable.
• This is called a credibility determination.
  • You cannot appeal credibility determinations.

Resolve any Conflicting Facts by:

• Decide which fact is more likely to be true.
• These, along with the undisputed facts, are called the findings of facts.

Apply the Law by:

• Taking the findings of fact, and
• Deciding what the law requires.

When Will the Decision Come?

• Sometimes, it's the same day as the hearing.  Or,
• The Court may take a few weeks.
• Either way, written orders will be mailed to you.

Manage Your Disappointment

You won't get everything you want.

• The Court has a hard job in making these tough decisions.
• The Court is trying to do what's best for the children.

Know strong emotions make it hard to recognize reasonable decisions.

You will be a parent with the other party forever.

• Your kid needs both of you.
• Now is the time to start building a positive relationship for the benefit of your child.