Disclaimer:
This sample pleading is for informational purposes only. It should be used only in conjunction with an attorney’s own primary research and independent reading of cited statutes, rules, regulations, cases, and other materials in order to ensure accuracy and completeness. This is especially important as the law as well as “common practices” may have changed since the pleading was initially written. In addition, arguments and strategies that were helpful or appropriate in the sample case may be inapplicable or detrimental in your situation, because every case has its own facts and circumstances. Please note that the names and facts in this pleading have been changed to maintain the anonymity of the parties.
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
DOMESTIC RELATIONS BRANCH
______
)
[PLAINTIFF NAME], )
)
Plaintiff ) Case No. [YEAR] DRB [####]
v. )
) Judge [NAME]
[DEFENDANT NAME] ) ) Next hearing: [DATE]
Defendant )
______)
MOTION FOR REFERRAL TO PAC SEMINAR AND DEADLINE FOR A SUBMISSION OF A PRETRIAL STATEMENT
[GAL] of [FIRM], Guardian ad litem for the minor child, [CHILD] (“[CHILD]”), born [CHILD DOB], files this Motion for a Referral to the Family Program for Agreement and Cooperation in Contested Custody Cases (“PAC”) Seminar and Deadline for Submission of a Joint Pretrial Statement. In support thereof, undersigned counsel respectfully refers this Court to the accompanying Memorandum of Points and Authorities.
Respectfully submitted,
______
[GAL NAME]
Guardian ad Litem
D.C. Bar No. [______]
[ADDRESS]
[PHONE/FAX]
[EMAIL]
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
DOMESTIC RELATIONS BRANCH
______
)
[PLAINTIFF NAME], )
)
Plaintiff ) Case No. [YEAR] DRB [####]
v. )
) Judge [NAME]
[DEFENDANT NAME] ) ) Next hearing: [DATE]
Defendant )
______)
MEMORANDUM OF POINTS AND AUTHORITIES
[GAL] of [FIRM], Guardian ad litem (GAL) for the minor child, [CHILD] (“[CHILD]”), respectfully requests that the Court issue an Order for the Plaintiff and Defendant to attend the Program for Agreement and Cooperation in Contested Custody Cases (“PAC”) seminar and to set a Deadline for Submission of a Joint Pretrial Statement no later than [DATE].
I. Factual Background
Prior to the filing of the above captioned matter in [MONTH YEAR], [CHILD] was the subject of a custody case between [HIS/HER] parents, filed in [YEAR] in [JURISDICTION], Maryland. Upon information and belief, on [DATE] the [JURISDICTION] Circuit Court awarded the Plaintiff, [PLAINTIFF] (“[PLAINTIFF]”) and the Defendant, [DEFENDANT]. (“[DEFENDANT]”) joint legal custody, while awarding primary physical custody to [PLAINTIFF] during the summer break, with primary physical custody awarded to [DEFENDANT] at all other times and providing the parties with a visitation schedule. On [DATE], [PLAINTIFF] filed a Request to Register Foreign Custody Order in the District of Columbia.
On [DATE], [PLAINTIFF] filed a Motion to Modify Custody, asking the Court to award her sole physical and legal custody of [CHILD] and this Motion is still pending, with a trial scheduled for [DATE]. A status hearing was held in front of the Honorable Judge [JUDGE] on [DATE] and Judge [JUDGE] referred the parties to the Parenting Coordinator. Psychological assessments of both parties were also ordered. On [DATE], a status hearing was held in front of this Court. The parties agreed in court to use the services of the Family Mediation Program at the Multi-Door Dispute Resolution Program. At that same hearing, the Court ordered homes studies for both parties, to be completed by [DATE]. These home studies were a prequesite for the completion of the psychological assessments.
On [DATE], [SOCIAL WORKER] of the Court Social Services Division filed a memorandum with the Court stating that the home studies had not been completed because of a lack of cooperation from both parties and detailing her unsuccessful efforts to schedule the home studies with them. On [DATE], Dr. [PSYCHOLOGIST], Director of the Office of the Parenting Coordinator (OPC), submited a letter to the Court stating that OPC would not be able to provide services to [PLAINTIFF] and [DEFENDANT] citing [DEFENDANT]’s lack of interest in working with the OPC on co-parenting issues. Upon information and belief, both parties completed initial intakes with the mediation program but were nonetheless rejected for mediation. Upon information and belief, neither party has ever attended the PAC seminar.
II. Argument
Communication between the parties remains the most significant obstacle standing in the way of peaceful resolution of this case. Frequent misunderstandings and lack of willingness to accommodate the opposing parties’ schedule contribute to the conflict between [CHILD]’s parents. In recent weeks, [PLAINTIFF] and [DEFENDANT] have been using email to communicate the details of [CHILD]’s weekend schedule as well as pickup and dropoff each week and this seems to have lead to some improvement in their ability to coordinate with one another. However, there are still serious concerns about their ability to communicate. Furthermore, as discussed above, the parties have not been consistent in their willingness to cooperate or work with the service providers previously recommendeded. The GAL remains concerned that the parties do not appreciate the harm to [CHILD] caused by their actions and attitudes towards each other.
The PAC seminar is designed to be educate people about the harm caused to children by the conflict between them in a contested case. While it is usually attended in connection with a mediation session, it is possible to attend only the PAC seminar; furthermore, it is not required that the parties attend the same seminar. PAC also includes a Kids’ Program, which provides an opportunity for children who are the subject of contested custody cases to attend an age-appropriate educational seminar at the same time as the parent education seminar. This program will provide one last opportunity for the parties to consider the benefits of cooperation and to learn more about the effect the case has on their [SON/DAUGHTER].
This case is scheduled for a hearing on [DATE] and trial is scheduled for [DATE]. While this Court ordered the parties to come prepared to discuss exhibits and witnesses for trial on [DATE], because of the previously discussed lack of cooperation with the Court Social Services Division, neither home studies nor psychological assessments of the parties have been completed. Therefore, the GAL requests that the Court extend the deadline for the submission of a pretrial statement until approximately three weeks prior to trial, which allows time for the development of further evidence necessary for the GAL to take a position on a custody arrangement that will be in [CHILD]’s best interests. In order for the GAL to compile a pretrial statement, the parties must provide information regarding proposed witnesses and exhibits by no later than [DATE].
In light of the pending Motion to Modify Custody and status of the previously ordered home studies and evaluations, the GAL hereby moves to have this Court order that both parties participate in the PAC seminar and order that a joint pretrial statement be submitted to the Court no later than [DATE] pursuant to Super Ct. Dom. Rel. R. 16 on pretrial procedures and R. 26(a) regarding disclosure of information.
Respectfully submitted,
______
[GAL NAME]
Guardian ad Litem
D.C. Bar No. [______]
[ADDRESS]
[PHONE/FAX]
[EMAIL]
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
DOMESTIC RELATIONS BRANCH
______
)
[PLAINTIFF NAME], )
)
Plaintiff ) Case No. [YEAR] DRB [####]
v. )
) Judge [NAME]
[DEFENDANT NAME] ) ) Next hearing: [DATE]
Defendant )
______)
Order
Upon consideration of the Guardian ad litem’s Motion for a Referral to the PAC Seminar and for Deadline for Submission of a Pretrial Statement and in view of the custody issues raised regarding the minor child,
It therefore is by the Court this ___ day of [MONTH], [YEAR] hereby
ORDERED that the Plaintiff and Defendant attend one of the PAC seminars scheduled for [MONTH] [DAY] or [DAY] or [MONTH] [DAY] or [DAY] at D.C. Superior Court, 500 Indiana Avenue, NW Room 3100; and it is further
ORDERED that the parties share information with one another regarding proposed exhibits and witnesses no later than [DATE] and submit a joint pretrial statement to this Court no later than [DATE].
______
Judge [JUDGE]
Associate Judge
Copies to:
[PLAINTIFF]
[ADDRESS]
[CITY STATE ZIP]
Plaintiff – Pro Se
[DEFENDANT]
[ADDRESS]
[CITY STATE ZIP]
Defendant – Pro Se
[GAL]
[FIRM]
[ADDRESS]
[CITY STATE ZIP]
Guardian ad litem
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