Identify Opposing Party Filing Issues

---
name: identify-opposing-party-filing-issues
task_id: trusts-estates-private-client/identify-opposing-party-filing-issues
description: Closes the gap where agents summarize opposing temporary-orders motions without applying the correct property-characterization doctrine to inherited assets, challenging one-sided asset-freeze requests against the mutual-restraint standard, evaluating third-party declarations for personal-knowledge limitations, and assessing whether a custody reversal request is supported by the applicable best-interest factors.
activates_for: [planner, solver, checker]
---

# Skill: Identify Issues in Opposing Party's Filing

## 2. Failure modes the skill is correcting

- Accepting an opposing party's claim that family use of an inherited asset converted it to marital property without testing the record against the recognized property-characterization theories
- Missing that a freeze request aimed only at one spouse’s accounts departs from the mutual-restraint norm commonly used in temporary dissolution relief
- Treating third-party declarations as fully reliable without separating personal observation from hearsay and lay-opinion overreach
- Failing to measure a custody reversal request against the governing best-interest framework and the current parenting baseline
- Overlooking valuation misstatements in financial affidavits, especially where compensation or equity interests are labeled without a record-based valuation analysis
- Summarizing defects narratively without turning each issue into a client-facing litigation consequence and action item

## 3. Legal frameworks / domain conventions that apply

- Inherited and separate property: inherited property is generally separate unless the record supports a recognized theory of transmutation, commingling, express agreement, or another doctrine recognized in the governing jurisdiction; family use alone is not enough
- Temporary restraints in dissolution: interim asset restraints are commonly expected to operate evenhandedly; a unilateral freeze request should be tested against the governing temporary-orders standard and any reciprocal restraint already in place
- Evidence from non-party declarations: lay witnesses are limited to personal knowledge under the applicable evidence rules; hearsay, speculation, and expert conclusions offered by non-experts are challengeable under the local evidence code and the rules governing lay opinion
- Custody and residential-parent changes: a request to reverse a primary residential arrangement must be anchored in the jurisdiction’s best-interest factors, with any required showing of changed circumstances, and compared against the current schedule as the operative baseline
- Valuation of compensation interests: unvested or contingent equity interests may still have economic value if supported by the company’s financial condition or other valuation indicators; “zero value” assertions should be tested against available disclosure and valuation documentation
- Caretaking evidence: day-to-day caregiving, work travel, and absences are relevant fact categories in best-interest analysis and should be matched to the client intake record
- Evidentiary weight: unsupported characterizations, legal conclusions dressed as facts, and documents lacking foundation should be identified as weak proof even if they are attached to a motion

## 4. Analytical scaffolds

1. Read the motion claim-by-claim and map each assertion to its source in the supporting exhibits; for every legal proposition the motion relies on, identify the governing authority by name or rule and note whether the cited material actually satisfies it
2. For any inherited-asset issue, identify the asset, the claimed character change, the doctrine invoked, and the facts that would be needed to support that doctrine; if those facts are absent, state the deficiency and the likely counter-position
3. For any requested restraint or emergency financial relief, identify the scope of the restraint, who it binds, and the baseline order currently in place; test whether the request is mutual, proportional, and supported by the record
4. For each third-party declaration, review each factual statement for personal knowledge, hearsay, and lay-opinion defects; distinguish observations from conclusions and flag any statement that crosses into expert territory
5. For each custody-related request, identify the applicable best-interest factors in the governing jurisdiction, the current parenting arrangement, and the degree of change the motion seeks; note whether the motion addresses child-focused evidence, neutral recommendations, or professional input
6. For any financial affidavit or exhibit that characterizes compensation or equity interests, compare the characterization to available financial indicators and any disclosure gaps; flag unsupported zero-value or under-valuation claims and note the discovery needed to test them
7. Convert each defect into a litigation consequence: what the defect means for temporary orders, proof burdens, hearing posture, or discovery leverage

## 5. Vertical / structural / temporal relationships

- Use the client intake notes as the principal factual comparator for caretaking history, asset origin, work travel, account ownership, and any prior agreements or understandings
- Compare the motion and exhibits against the existing temporary orders, because the current order is the baseline from which any requested change must be measured
- Read declarations and exhibits as a set, not in isolation; a statement that appears supported in one exhibit may be undermined by another exhibit, the intake notes, or the financial records
- Treat requests for temporary relief as time-sensitive and prioritize issues that affect immediate financial control, parenting time, disclosure, or litigation leverage

## 6. Output structure conventions

- Produce a single issue-identification memorandum
- Open with a short summary of the motion’s requested relief and the core factual themes
- Then organize the memo by issue type: substantive property issues, financial disclosure and valuation issues, evidentiary and procedural issues, custody/parenting issues, and discovery or hearing strategy
- For each issue, include: the claim, the controlling authority or rule, the evidentiary support or gap, the consequence for the client, and the recommended response
- Use an ordinal severity label for every issue, defined once near the start of the memo and applied consistently across the list
- When multiple assets, declarations, periods, or requested forms of relief are implicated, address each one separately rather than collapsing them into a single generalized critique
- End with a recommended actions section that gives concrete next steps, assigned to the appropriate role, with urgency tied to the hearing or disclosure timeline