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Topics - 3childdad

#1
Dear Socrateaser / Types of abuses of discretion
Nov 12, 2005, 10:45:19 AM
I am objecting to a friend of the court recommendation and don't know all the different types of abuses of discretion or thier proper names.

1) What are the types of abuses of discretion called?

2) What are some simple examples to explain them?

3 ) What are some characteristic that each may have in thier definition which make them easy to identify in real life applications?
#2
Hi!  I am a parent of three children in Michigan and have joint legal/joint physical custody with no primary residence of them under the auspices of the sixth Circuit Court Family Division.  Whenever I show up for a motion hearing that has been precipe before my assigned Judge and check in with the Judge's Clerk at the scheduled hearing time, I am instructed to immediately see the Friend of the Court Referee and Family Counselor across the hall for a recommendation meeting first.  This is standard procedure even if I am there for de novo hearing on an objection of a previous recommended order from the same Referee.

If I have an appearance with counsel and the other party's Attorney is also present, both my ex and I are told to wait in the courtroom while our Attorney's meet with the Referee and Family Counselor for the meeting.  If either one of our Attorney's do not appear for the meeting, then, and only then, my ex and I are allowed to be present.  I feel this is wrong and hope to object to this practice.  I believe that I should have the right to be present at any hearing in which the Lawyers are present.  Based on these facts my questions are:

1) In your opinion on what grounds would I have a reasonable legal objection for this court's practice?

2) Where specifically should I look for precedence on your proposed objection to this practice?

3) Do I have legal right to insist that this meeting take place with me present, and if so, what is this right?

4) Where is this right cited in the law?

5) Do I have legal right to insist that this meeting take place on the record if I am not present, and if so, what is it?

6) Where is this right cited in the law?
#3
General Issues / Friend of the Court "Meetings"
Oct 12, 2005, 09:22:33 AM
Hi!  I am a CP with JP/JR shared custody with no primary residence in Michigan's 6th Circuit Family Court.  I noticed under "Ivan's" article "How To Hire an Effective Attorney" that he or she talkes about the importance of not agreeing to in chamber meetings with the Judge or, if you do, at least making sure that the client is present with council.  My question is:

1)  Does any know of any precedence, statutes or compiled law in Michigan that I can use to cite in an objection where just my attorney is told to attend the Friend of the Court "meeting" without me?

The situation is this.  Whenever you precipe to go before a 6th Circuit Family Court Judge in Michigan on a Wednesday morning motion call  the clerk that you check in with directs you to go with your attorney to a hallway outside of the jurors room next to the Judges courtroom.  From here you wait until your called to see the Referee and Family Counselor for a meeting that takes place so a recommendation can be given to the Judge right away.  Inevitably, 9 out of 10 times if your Lawyer is present with you, you are told to wait in the courtroom while your lawyer pleads your case.  From here unless your lawyer is  altruistic as Gandi you are officially out of the loop and at the mercy of "the system".
No other action than this pursuades those that they are trying to control to be compliant and repressed.

My experience has taught me that the single biggest advantage (to them. disadvantage to us) that Judges, Attorneys and FOC personnel exercise is that of keeping the litigants in the dark about the law, procedure, investigation findings and what is really being said behind  these closed doors.  Remember-ignorance is bliss.

Please send me any helpful information.  I have been railroaded so many times my screenname should be GrandCentral.