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How can I provide more "proof of claim" for a motion to show cause.

Tacoma, WA |

I am scheduled for a contempt of court hearing in pierce county, Washington. I have file all the paper work that I had as of that day. I have "conveniently" started to be in contact with my ex again after 7 month of not being able to talk to my children at all, since she is aware of the fact that I'm taking her to court. The e-mail conversation are further proof of total disregard of the parenting plan. How can I submit copies of the e-mails to the commissioner so that they can be considered? Or will I have to bring them to court. If the latter, will there be an issue with her not being notified of the e-mails being used as proof when she was served the previous papers? She is still not letting me talk to my children by the way.

Attorney Answers 3

Posted

Most courts will accept e-mails as exhibits to your response declaration. By so attaching them to the declaration, you are attesting to the e-mail's authenticity. You should try to submit all your paperwork according to the court rules, or you risk the court not considering your information. I would suggest sitting down with an experienced family law attorney and working out a plan to achieve your goals.

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Posted

Emails are hearsay evidence and there needs to be authentication (by forensic investigation) before they will ever get into evidence. If an e-mail can be connected to the person without there being any doubt of someone else having sent it, then it is possible it could be used as evidence.

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Posted

OK. This leads to another question. Well what kind of proof is valid for a show cause hearing? Most of my evidence is e-mail correspondence. Will this not be sufficient for the hearing? Most, not all. I still have telephone records. Without the e-mails proving that that she is internally violating the parenting plan, I feel like I have nothing.

Posted

Normally you would need to submit the emails as exhibits before the hearing, and serve the other party. There may be hearsay objections, but often the court will consider emails of the parties if they are relevant to the issue. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

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