Thank you for your follow-up, Customer. This will take a bit to respond as you have a ton of questions here.
First of al the forensic evaluation is a big win. You managed to keep them out of your medical records for the most part, which was as we discussed. The current evaluation is as expected, and it also sounds as if the judge did not appear or create a one-sided case.
1. What is that "something" sworn I may submit and how it can possibly affect the order if I have to authorize the production of the records within 10 days? (Opposition may get requested records but may not be authorized to use them then?)
It sounds as if he is discussing an ability for you to file a sworn affidavit with the information that you had in the document that the judge did not permit you to enter. This will act as a formal statement and will allow you to have the record updated with the information.
Full text of Order:
"... provide a HIPAA compliant authorizations for SSI records and for Dr' Azbel's records to Petitioner's counsel within 10 days for the sole purpose of Petitioner's counsel annexing said authorizations to a judicial subpoena to be served upon those providers, and it further
Ordered, the subpoenas shall be returnable to the Court..."
2. What is HIPAA compliant authorization for SSI and for doctor's records, where can I get it (or can i type it?), should it be notarized and should I send it to the attorney or to the court? (I assume to the attorney)
I believe that this i the form:
Once it is filed, there is no need to share it with the attorney, you can simply send him the records received.
3. These prehistoric SSI records contain numbers of evaluations all of which except one say I was in perfect mental health. May/should I request one for myself and how should I do it? Written request to SSI? Personal visit? Phone call? Combination of aforementioned?
Personal visit would be best. You could then, in person, sign the release and obtain copies of their records.
4. I understand that opposition can use anything in conjunction with the current forensic evaluation but if even current evaluation report is not obligatory for the court, do 11-years records really matter? May I object their use (in court) in the light of current evaluation?
All records matter. But you can use the current records once they exist as a basis of the current state of mind, which is what the courts tend to focus on.
Another matter. My Motion for Relocation was denied because it had to be received 8 days before the court day. I was told by the Court/Motion Clerk it had to be received 3 days before the date (on July 29), weekends didn't count, it was received July 23 and the court day was August 2. Dispute on this ground is probably senseless but my mere mortal mind cannot understand how it could be at all granted or denied without granted custody first. At the moment I am the potential mentally ill murderer and kidnapper with no factual custody at all. Anyway, the question is:
5. Should I file the new Motion for Relocation? (new court date is October 17) Does it make any sense since it obviously will be denied if it will be decided before the custody decision? I understand that filing this motion after the custody decision may greatly lengthen the process but isn't it better to have no motion instead of denied motion?
You can refile the motion, absolutely. If you feel that the motion was not reviewed on the merits but was instead denied based on a blown deadline, you can ask the coruts to re-evaluate the request.
And finally - my request to set aside the order. Judge didn't want to hear anything and said "denied" right after the first sentence. When I said "Then I formally ask to reconsider..." the judge said I was free to file any motion like Motion to show cause. This particular Motion to show cause when so common looks very useless for my "non-court" oriented mind. Even if the cause was obscure initially, the petitioner always can file amended petition/complaint. So, the question:
6. Is it possible to file some motion that at least MAY have a practical effect - to set aside/dismiss the Order instead of order to reconstruct/amend/whatever the original petition? Can ANY such motion have such effect in reality? After all, so far all petitioner has to present is valid allegations with minimal evidence - not to prove them yet. Taken in isolation small paragraph serves this purpose and when it becomes very questionable within the whole correspondence, disputing it with other evidence moves the subject from initial allegation to proving them at trial. I don't want to add something practically senseless for a sake of process and "to make my records." It takes a lot of time and efforts not to count "exciting" 12-hours back and forth trips from upstate. Actually I need it only for such "unprofessional" and ridiculous reason to finally see my son.
You found the weakness here. Courts are predisposed to hear anything they deem to be factually useful, so unless you can point out that there is no factual disparity between the parties (and in this case there obviously is), the court may set aside. I there is a conflict between the parties, the courts will agree to hear the case. So if you are objecting without real basis, it will be denied. Courts tend to hate setting aside past orders unless there is a true change, and unless there is a true misapplication of current law, the order remains. Once the judge said 'denied', unless you choose to appeal higher, it won't be granted.