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Joey81

New Evidence and Appeals

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Is there any way to get new evidence included in an appeal or to have that evidence somehow brought before the court after a decision is made?

 

My divorce was finalized, but I've discovered my wife was hiding a savings account and probably some other account from which she was paying for personal therapy so the therapy could be conducted in secret. Also relevant because there are some other ongoing legal disputes between us that makes her mental health records relevant, but she has hidden the identity of therapists by paying from accounts that were undisclosed even in the financial discovery during divorce.

 

Also, there was a scary incident involving a mental health breakdown and physical threats that she lied about in the hearing. I was able to get a police report in which the officer corroborates my version of events, which is 180 degrees from what she claims. It shows not only that she is lying about her mental health issues (even without the records available), calls her credibility in to question overall. She essentially blamed the whole event on me and portrays me as bullying her to go to the hospital, but the police reports states that the officers spoke with her independently and were so concerned about her answers that they told her they could either go in the ambulance or they would take her to the barracks for evaluation.

 

I did file an appeal because I think there were some significant factual errors as well, and the judge's decision essentially gives her everything and bankrupts me. Not to mention that she's repeatedly violated custody orders, and admitted it in the hearing, yet the judge found it to be 'in her favor' that she was the primary caregiver during the period that she repeatedly violated the parent child contact order, and filed a flood of motions that had nothing to do with the welfare of the child just to block visitation. I probably can't afford representation for the appeal, and I understand it's a long shot anyways. I just don't understand how she gets the sole legal rights and responsibilities specifically 'because' she violated the order for 9 months and limited my contact. Any suggestions for how to proceed?

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No, you can't raise new evidence on appeal. Grounds for appeal are that the judge made an error in applying the law to the evidence presented at trial.

 

2 hours ago, Joey81 said:

I did file an appeal

 

Then you are stuck with a likely dismissal or an affirmation of the trial judge's decision unless you immediately withdraw the appeal and get an attorney to seek to set aside the decree on the grounds of fraud upon the court.

 

Either way, it's very complicated and you'll need an attorney if you expect to get it right.

 

Without one you are just spinning your wheels and nothing will change.

 

 

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