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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (46033)7/19/1999 11:48:00 AM
From: The Philosopher  Read Replies (1) | Respond to of 108807
 
We are no fault.

But, the issue of parental competence and relationship comes up in determining the best interests of the child for parenting plans. I am free to argue that I need access to all that information to see whether it has information relevant to how one parent feels about the other. Our courts, in otherwise even cases, tend to give the children to the parent who has shown the strongest commitment to suporting the kids' relationship with the other parent. So if a parent's diary evidences hostility toward the other parent, that is relevant as to whether that parent will help the children develop the best relationship with the other parent, and may also lead to protective or restrictive orders in the parenting plan to prohibit disparagement.

And, of course, as a community property state all the financial information is on the table, and marital fiduciary duty is a strong doctrine. I have argued successfully the right to diaries to determine whether the spouse was concealing funds or assets from the other or concealing evidence of misuse of funds.

And I can assure you that I am often up against VERY competent and aggressive attorneys -- I doubt any less aggressive and competent than you. <g>