FAMILY RIGHTS WV - EXAMPLE MOTIONS IN OPPOSITION
Example Motion by Family Rights WV
Example Motion modified from CPS Watch


Example by Family Rights WV:

Instructions: Obtain copies of your court papers. Make the header (court caption) on your motions the same as listed on your court papers/orders and get your the Juvenile Case Number off those papers. Note whether you are called either Respondent or Defendant, and refer to yourself as that in your motions. Make copies of your evidence to attach to your motions. Assign and write Exhibit Numbers to each piece of evidence, such as Exhibit No.1, Exhibit No. 2, etc, and refer to the exhibits in your motion. The following Motion is an example and should be modified to fit your situation. There may be a filing fee charged for each motion filed. If you are indigent (poor), you can file an affadavit to that fact, and get the filing fees waived.


IN THE CIRCUIT COURT OF MINERAL COUNTY, WEST VIRGINIA


IN RE [ENTER CHILD'S INITIALS],
................................JUVENILE dots are for spacing, do not include in motion JUVENILE CASE NO.: [ENTER CASE NUMBER]
MOTION IN OPPOSITION TO MOTION TO SUSPEND VISITATION
Comes now [ENTER FULL NAME], Pro Se, [Respondent or Defendant] in the above-entitled action, [Mother or Father] of [Child's name], hereinafter referred to as the "said child", files this Motion in Opposition to Motion to Suspend Visitation on the following grounds:

[List Reasons]

1. The Respondent is the biological [mother or father] of the said child;

2. The Respondent has been the primary caregiver of the said child for the said child's entire life from birth until [date ], the date the said child was seized by West Virginia Department of Health and Human Resources Child Protective Services (hereinafter referred to as WV DHHR CPS);

3. The Respondent denies the allegations lodged against [him or her] in this case;

4. On [date] WV DHHR CPS filed a Motion to Suspend Visitation between the Respondent and the said child due to the following reasons:

(i) WV DHHR CPS claims the Respondent failed to arrive for scheduled visitations with the said child on [Dates]. The Respondent did arrive for the said scheduled visitation dates and did visit with the said child on the said dates as evidenced by the Documentation of Visitation for [Dates] filed by the Respondent in the above-entitled action. (See Exhibit No. [enter exhibit number you have assigned to Documentation of Visitation for dates in question])

(ii) [Continue listing each claim made by WV DHHR CPS to suspend visitation and your argument/response to each claim. Each false claim that goes unrebutted (unanswered) becomes a part of the record. No matter how trivial sounding, rebutt/deny each false claim made by WV DHHR CPS.]

5. The said child's Gaurdian Ad Litem, [Enter full name of GAL], has recommended that visitation between the Respondent and the said child take place as it will benefit the said child; (See Exhibit No. [enter exhibit number you have assigend to letter/report from GAL])

6. The said child's individual Therapist, [Enter full name of Therapist], has recommended that the said visitation take place as [enter reasons the Therapist lists in support of visitation];

7. The said child is [enter age of child - State of WV puts more emphasis on children's desires/opinions when the child is fourteen years old or older] and is of sufficient maturity to express [his/her] opinion in this matter, as evidenced by the said child's initial psychological evaluation performed by [Therapist's name] on [Date] which states, "[Enter name of child] is [enter age] years old and is very mature for his age." (See Exhibit No. [Enter exhibit number you have assigned to the therapist's evaluation], [Enter page/paragraph in the report where the quote regarding maturity appears.])

8. The said child has repeatedly expressed his desire to visit with the Respondent as evidenced by [The said child's comments to you and dates comments were made, list your documentation filed indicating dates/times child expressed desire to visit, enter documentation from GAL, therapists, CPS worker reports where even they documented the child wishes to continue visitation]; ( See Exhibits No.: [ Enter exhibit numbers you have assigned to all documentation that the child has expressed the desire to continue visitation])

9. [Continue to list reasons in support of visitation, Cite studies and reports in support of visitation, reunification with the natural family is highly dependant on the amount of visitation the said child has with the natural family, include the studies/reports as evidence, etc];

10. It is in the said child's best interests to continue to have frequent and meaningful visitation with his biological [mother or father].

THEREFORE, the Respondent respectfully requests:

(i) That this Court shall dismiss the Motion to Suspend Visitation;

(ii) That this Court shall Order that visitation between the Respondent and the said child shall resume immediately;

(iii) That said visitation shall take place [enter conditions/times/days/number of visits] per week;

(iv) Any other relief this Court deems just and proper. (NOTE: This is optional, if the Court seems reasonable/friendly, you might consider including it. If the Court seems unreasonable and hostile, you might choose to leave this out.)

The Respondent requests that this Court shall Order the Clerk of the Mineral County Circuit Court to transmit attested copies of any Court Orders entered in the above-entitled action to: [Enter your name, mailing address; Enter names/mailing addresses of other parties involved in this action such as GAL, Prosecutor (the prosecutor acts as attorney for WV DHHR CPS), ex-spouse's attorney, etc. The names/addresses of other parties which should get notice of this motion should be listed in your court papers/court orders. Make copies of your Motion and evidence and supply them to the other parties, attach Certificate of Service to show that this was done.]

___________________________________________
[Enter your name], Pro Se Date
[Mailing Address]
[Telephone number]

Attach copies of your evidence, Certificate of Service, Notice of hearing.

(SEE: MOTION FOR MORE FREQUENT AND MEANINGFUL VISITATION)
Opposition to a Motion (filed by another party)
Modified from CPS WATCH http://www.cpswatch.com/forms/form.asp?Index=23
Instructions:
The contents of this form will depend on the motion you are opposing. For example, if the state has filed a motion to end your visitation, you might talk about how the visits have benefited the child and how ending them would cause harm to the child. In most states a motion must be responded to within 10 days.

[Court Caption]

MOTION IN OPPOSITION TO [PLAINTIFF'S] MOTION TO _____

[Name], [Defendant] in the above-entitled cause files this motion, in opposition to the motion of _________, [plaintiff] filed on [date], and being first sworn, shows the court the following: [state the grounds on which movant relies to sustain the motion, for example: the following facts stated by opposing party in its motion are untrue: _________].

[List reasons to oppose the motion](important note: always include reasons and evidence, or the motion may be dismissed )

Wherefore, [defendant] moves the court to [if affirmative relief is desired, state fully the relief requested; if movant desires only a denial of the above-mentioned motion, include the following: deny the above-mentioned motion of _________ (plaintiff or defendant)].

Dated: _________.

[Your Signature]
[Mailing Address]
[Telephone, fax numbers]

Attach Evidence, Certificate of Service and Notice of Hearing.


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