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Topics - Dez

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Dear Socrateaser / Judge's opinions
« on: Oct 13, 2006, 08:38:33 PM »
Greetings Soc,

It's been awhile since I've sought your advice, hope you're doing well.

I want to find out what a certain superior court judge feels about a couple issues.

What would be the best way to go about this task?



Dear Socrateaser / Urgent help
« on: Jun 18, 2006, 11:41:35 PM »
Greetings Soc,

My son is currently in the state of WA where I reside. They (CP and my son) are staying in a motel for the next 5-7 days here in state, and I want to visit my son! (He was the one who called me to wish me a happy father's day.)

They are in a motel, I have the room number from my son, Mom won't let me see him.


1. Can I just drive up there and get a hug & some kisses?

2. Can she prevent me from seeing my son because it's not in the court ordered visitation plan?

Damn, she already got to move him 3K miles away! What do you think I should do? I really want to see my boy...it's been 20 months already!

Help Soc! And thanks...'cause I know you're good!

Dear Socrateaser / relocation of the child case
« on: Jun 07, 2006, 12:52:52 PM »
Greetings Soc,

Please consider 'substantial change' while reading.

Son is 11 years of age, moved away August 2004, by the CP.

Since my son was moved away, (left coast to right coast)he has struggled in school with his grades and had discipline problems as well, which have resulted with several 'In school suspensions' and at least one 'out of school' suspension. He still hates his school after two years of attendance.

His stepfather does not even like him let alone love him. He treats my son very poorly. My son says the stepdad has a very bad temper and hits walls and slams doors all the time in anger. He broke my son's door off the hinges a while back.

Last year my son was in counseling seeking help with his poor adjustment to the new invironment, and his behaviour problems. He is still depressed and is not getting any help with it.

The CP's new marriage was basically on the rocks 3 months into it with them in marriage counseling at that point. It continues to be in turmoil, creating a very unhappy homelife for my son. Cp actually sleeps in my son's bedroom most of the time the husband is home. They do get some relief when he is traveling for work a few days each week.

My question is:

Would these circumstances and living conditions be considered enough of a substantial change for me to request custody?

If yes, what would be the next step? Thank you.

Dear Socrateaser / relocation of the child case
« on: Feb 09, 2006, 02:24:29 PM »
Greetings Soc,

Just read the moving out of state thread. Curious about a couple things re my own case.  My case is in WA state, RE: Relocation of the child. Temp order granting the move, Temp parenting plan, are in place. I went Pro se.

I have had a letter drafted to the judge in my case sitting  on the computer (never mailed) requesting him to explain his ruling. It has been 18 months since his temp. order was signed.

I timely filed an objection to the move, and my declaration supporting my objection. Service of process was also timely.

The other parties lawyer verbally motioned I believe it was for a summary judgment, based on the fact that I did not timely file a motion to ‘Restrain the move’, and that based on the info before the court, he believed the court would rule in favor of the move at trial. This judge ruled in his favor, granting a move to VA.

This particular judge is pretty hard on Pro se litigants as a rule, unless you have all your ducks in a row and follow procedure to the letter. If you do present your case well, and don’t miss anything, he is fairly impartial.

In the past, I’ve seen this judge give advice/suggestions to lawyers and involved parties re their case. In my relocation of the child case however, he basically slammed the door in my face.

My questions:

1.  After all this time, can I still request “findings and conclusions” re the judges ruling?

2.  Could I have verbally motioned to ‘restrain the move’ in the court room at the time of the hearing?

3.  If  #2 is yes, did the judge have any obligation to inform me of my right to do so?

4.  If  #3 is yes, would that be abuse of discretion?

Thank you for your time and knowledge.

Dear Socrateaser / relocation of the child case
« on: Jan 24, 2006, 01:44:45 PM »
Greetings Soc,

My case currently is about a relocation of the child gone bad. My (almost 11 year old) son was moved 2,700 miles away 18 months ago, and I have not seen him since. I objected to the relocation, but lost the fight because I failed to file a motion to restrain the move.

The mother has been in contempt re failure to mediate, interfering with visitation and not making the child available for our phone visits.

I have slowly been putting a case together to address these issues, and was also going to seek custody of my son. I have detailed phone records of over 30 missed visits, taped statements from my son re his treatment and living situation.

Everything mom said in her declarations in support of the relocation, and those of her friends were not true, and time has proven that. My son's step father can't stand him. Mother's marriage is on the rocks and she has literally been living downstairs with my son for almost 3 months.  

My son hates his school, homelife, etc. A very bright, gifted, articulate child, the school is already talking about failing him this year. He almost did last year, but went to summer school. He has only his mom there, all other family and loved ones are here. He told me he feels unloved by his mom, and thinks about running away all the time.


Currently, my son's mom wants me to write her a letter stating that I want our son to live with me. If I write her she will do the legal paperwork and put him on a plane. This has been relayed to me by my son...mother won't talk to me. He said she wants a letter and an email won't do.

I kind of feel like she's jerking us around again. She told my son to call me and ask me if I wanted him just over a year ago, and the next day told him no way would she let him live with me.

I am thinking of just moving forward with my plans to seek custody myself. At present, we have a Temporary PP, and WA state has jurisdiction.


1. Are the declarations of a party (re relocation) considered as changable  circumstances? (IE, stated advantages, conditions, etc.)

2. Do you see a significant change of circumstances here?

3. Is there an emergency order which I can seek for immediate return of the child?

4. Considering the mom's offer, how would you proceed with this?

Sorry this is long...but it is really a much longer story.

Thank you for your time.

Dear Socrateaser / Question on Jurisdiction
« on: Jan 16, 2006, 01:35:02 PM »
First post disappeared into cyberspace again!

Greetings Soc,

I have the ball rolling on a child support modification. The support office (in another county) sent the paperwork to the prosecutor of that (other) county.

All of the proceedings in this case have taken place in the county in which the mother, our child and I reside. The support order was signed in 'our' county.

Doesn't the county where the order was signed have jurisdiction, and the matter be heard there?



Dear Socrateaser / Parenting Plan ?
« on: Jan 10, 2006, 02:06:11 PM »
Hello Soc,

I'm new here, and tried to post this question a few minutes ago...but it seems to have disappeared! If it re-appears some how, I'm not spaming...it would just be a "blundering newbie" mistake.

I have a "Temporary Parenting Plan" in effect that was signed in Superior court, August of '04. It contains no wording stating it's duration.

My question:

Can this "Temp" plan become permanent without another hearing on the matter? I'm in WA state.



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