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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In 2005 I entered into a marital agreement with liberal timesharing.

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In 2005 I entered into a marital agreement with liberal timesharing. My ex wife obstructed visitations and started alienating the minor children. In 2010 I filed for custody and obtained custodyon augiust 2012, 5 months later the appellate court reversed custody withoput a complete record.. Since the reversal of custody the ex wife has obstructed visitations and have not been able to speak or visit children. I have filed another petition for custody last week. To again prove obstruction can I intorduce evidence of obstruction since 2005 or only from the finalhearing of 2012?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the obstruction from the previous case was already decided on the appeals case, you can use the current obstruction and only argue that this is a continued pattern of obstruction that has not changed since the 2010 appeal. The court will only look at the prior obstruction for historical purposes and will look to see if the conduct is continuing forward since the 2010 hearing.

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Customer: replied 4 years ago.

would all the historical evidence such as police report,emails, etc. be needed to be reintroduced into evidence again at a new hearing. Can I take depositions again asking her questions fro events in 2005 or just from 2010 forward?

Thank you for your response.

If all of the evidence was all introduced before in court, you can ask the court to take judicial notice of the prior proceedings or you can introduce them again in court. You can take depositions again if you choose, but matters that were already addressed in the old case should not be addressed again, just new matters as the old matters have already been decided.
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