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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115452
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am self representing. The referee seems to only talk to

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I am self representing. The referee seems to only talk to opposing counsel and child's attorney. When she speaks, she tells me not to interrupt. I never know when I can respond to the multiple various allegations made during their discussions. The referee is getting frustrated with my attempts to intervene. Please help.
Thank you for your question and for asking for me. I look forward to working with you.

Unfortunately, courts and referees and mediators seem to treat pro se litigants like this all of the time. If you have not had a chance to present your side of the story in these matters, your only recourse is filing an objection to the proceeding before the referee and argue that you are being denied your due process rights under the 4th and 14th amendments in that you are not being allowed to present your case or side of the story. You file this with the court and the court will set a hearing and you can present your issues before the judge.



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Customer: replied 3 years ago.

I plan on asking the court next time, "Madam Referee, from now on I will only speak when you ask me to give my side to a given issue being discussed. I will then go home and count in the transcription of the conference the number of words I am allowed to speak compared to opposing counsel and we will then see how fairly these conferences are being conducted."


 


Is this too harsh?

You should not confront the referee with that type of statement. I know you are frustrated, but that statement will make matters worse. What you should say is, "Madame Referee, I would simply move that I be granted my Constitutional right to meaningful due process, which means a meaningful opportunity to be heard by the court and to present my evidence and to also confront my accuser and offer my proof to oppose what they are claiming." Say nothing more, if she does not allow it, then you have set yourself up for an appeal if she denies your request.
Law Educator, Esq. and 2 other Family Law Specialists are ready to help you