730 Evaluation twists and turns

[santhony]

It was back in August 2012 after the False DV never went to trial and the judge issued temporary custody orders, which were horribly in favor of the uBPDw because of the accusations, he also ordered a Short form of a 730 Evaluation to be completed by our next court date.  Here's what happened.

uBPDw and I attended 12 hours of 730 Evaluation, testing and interviews along with 1 hr. interviews with each of my 3 children individually.  The evaluator had us sign a contract outlining the scope of work and the costs, which was $7,500 for a full 730 and then $2,000 would be paid up front for the Short form 730, of which uBPDw and split (I paid $1k and she paid $1k).

Well court date arrives and a short report shows up in only my attorney's email box and it outlines holidays, some conversations pertaining to our interviews, a few notes about the children and some recommendations about parenting class, therapy for D11 and lastly no change to custody, which is 16% to me and the rest uBPDw.  So case gets continued, there was no trial.  BTW - this is what's called incompetent representation from my attn. so I've since retained new counsel who is unwinding this mess.  The entire 730 hung in uncertainty during the entire time till our next trial, at which time the judge ordered the full 730 reinstated, this was on Dec. 11th, no change to custody.

Several calls and a letter to my old counsel regarding 730 for an updated status, then around Jan.15th got a call for the Evaluator that she's setting an appointment to finish the full 730.  I asked will it be completed in time for our March 6th court date.  Answer was "no".  I made the appointment with the evaluator, fired my attorney and got a call monday this week from the evaluator stating that she never received the proper paper work from the court and attorneys and that she'll have to cancel our appointment and essencial the 730 needs to be restarted.  Another note, uBPDw was ordered to pay for the entire 730 and dropped off a check for $5,000 to the evaluator before she called to tell me about the "paper-work" mix-up.

I cannot explain this.  These are the facts.  Any input, feedback, experiences or questions would be greatly appreciated.

Date of separation is June 26th 2012.

santhony

Update:  my new attn. requesting 730 evaluator remove herself from case, he's submitting a notice for a decision on custody without 730 and 730 not needed for 50/50 custoday.

[Matt]

Update:  my new attn. requesting 730 evaluator remove herself from case, he's submitting a notice for a decision on custody without 730 and 730 not needed for 50/50 custoday.

Did you approve all this before your attorney did it?

[scraps66]

No, did you approve all of this before your attorney "didn't" do it, or didn't have it done?

[santhony]

The post was probably misworded, because nothing has been done, or filed, perhaps that post should have been worded as a strategy that my new counsel has suggested to me in a phone conversation.

BTW - It's been one week and old counsel has still not delivered the file to my new counsel.

santhony

[livednlearned]

BTW - It's been one week and old counsel has still not delivered the file to my new counsel.

santhony

Send a second letter requesting the file. Apply consistent pressure.

[Matt]

BTW - It's been one week and old counsel has still not delivered the file to my new counsel.

santhony

Send a second letter requesting the file. Apply consistent pressure.

Yes.  Ask for a timely response - "Please reply within 24 hours to let me know when I can pick up the file."  If you offer to come pick it up - or even show up at the office to get it - it will be harder for them to ignore you.

Make sure your style is controlled but very strong and clear - professional and courteous but make sure they know you will not be ignored.