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Author Topic: Not served...is there anything I can do?  (Read 3193 times)

Imom

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Not served...is there anything I can do?
« on: Feb 24, 2007, 10:57:43 AM »
I filed a motion in October hearing set for Feb. 28.

Major issue is the ex is not giving the prescribed dose of asthma meds, discontinued the meds over this past summer against medical care providers' advice.  Since the filling she had Thanksgiving break, child age 11 (12 in July) stated she would not give him the second dose of asthma meds as prescribed.

I just received today an Order for continuance from the court house stating the ex filed for a continuance by council. I never received notice nor was served. The hearing is now set for June. The ex will have spring break and have started her summer period by the hearing.

Since I was not served, thus unable to respond and the original motion concerns in-adequate care/major medical issues..

1. Can I filed an emergency motion for Temp. supervised visits on these grounds until the hearing?


socrateaser

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RE: Not served...is there anything I can do?
« Reply #1 on: Feb 24, 2007, 06:41:54 PM »
>1. Can I filed an emergency motion for Temp. supervised visits
>on these grounds until the hearing?

No, but you can move to shoten time, on grounds that you were never seved, and that the issues are higly time sensitive. You will need an affidavit from a physician confirming the medical problem.

Imom

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RE: Not served...is there anything I can do?
« Reply #2 on: Feb 25, 2007, 07:54:24 AM »

1.Certified medical records wont work? We already had to get those. We have (signed) certified records from the asthma specialist that clearly state he has the asthma and should continue the treatment.

2. If these wont work and we need the affidavit will the doctor need to appear?...

socrateaser

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RE: Not served...is there anything I can do?
« Reply #3 on: Feb 25, 2007, 10:59:49 AM »
>
>1.Certified medical records wont work? We already had to get
>those. We have (signed) certified records from the asthma
>specialist that clearly state he has the asthma and should
>continue the treatment.

Yes, these would work. I don't know why the judge would have put your case off, if there was an urgent need, except that the judge never actually read your objection to the continuance -- which obviously is the case, because you never had an opportunity to object.

So, move to shorten time, on grounds that you were never served the motion for continuance, and because you have reasonable proof of a concern for the child's health, evidenced by the physician's records.

>2. If these wont work and we need the affidavit will the
>doctor need to appear?...

The records should work.

Imom

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RE: Not served...is there anything I can do?
« Reply #4 on: Feb 25, 2007, 12:11:56 PM »
I may have another problem. At our hearing in 05 my ex made a big deal about my use of certified mail. The judge did not Order the use of email but strongly suggested it. This all should very well be in the transcript. I have a feeling since my ex has obtained an attorney she will try to have the few emails I have thrown out...

1. Would it help me if I ordered the transcript for that hearing and point out that the judge strongly suggested the use of email if they object?

2. >So, move to shorten time, on grounds that you were never served >the motion for continuance, and because you have reasonable proof of >a concern for the child's health, evidenced by the physician's records.

 What would be a proper title of this motion?? Would this be an emergency motion?







socrateaser

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RE: Not served...is there anything I can do?
« Reply #5 on: Feb 25, 2007, 06:34:35 PM »
>1. Would it help me if I ordered the transcript for that
>hearing and point out that the judge strongly suggested the
>use of email if they object?

Couldn't hurt, but email must be authenticated as being what it is purported to be, regardless of what a prior judge may have ordered.

>
>2. >So, move to shorten time, on grounds that you were never
>served >the motion for continuance, and because you have
>reasonable proof of >a concern for the child's health,
>evidenced by the physician's records.
>
> What would be a proper title of this motion?? Would this be
>an emergency motion?

"Motion to shorten time" -- and no, it would not.

Imom

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RE: Not served...is there anything I can do?
« Reply #6 on: Feb 26, 2007, 05:13:17 AM »
>1. Would it help me if I ordered the transcript for that
>hearing and point out that the judge strongly suggested the
>use of email if they object?

>Couldn't hurt, but email must be authenticated as being what it is >purported to be, regardless of what a prior judge may have ordered.

1. How can that be done?

2. Although I would rather not, should I also file for an in-camera interview for our child (some issues that have been raised are by his statements)?

3. Can I transcribe a voicemail message? or must it be done by someone else? (its less then a min but proves my ex being negitive towards me and talking with the minor child about the hearing.)

Imom

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DENIED
« Reply #7 on: Feb 28, 2007, 12:18:32 PM »
I assume that what this means???

Today I recieved a copy of my motion I filed and in the right hand corner it states WTC: Denied 2/26/07....

socrateaser

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RE: DENIED
« Reply #8 on: Feb 28, 2007, 03:45:57 PM »
>I assume that what this means???
>
>Today I recieved a copy of my motion I filed and in the right
>hand corner it states WTC: Denied 2/26/07....

I guess the judge doesn't agree that the problem is as big as you claim.

 

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