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Author Topic: What to expect at hearing?  (Read 2295 times)

Apple

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What to expect at hearing?
« on: Jul 13, 2011, 07:09:26 PM »
DH and BM have an August court hearing date and I'm curious what to expect.

BM filed the original motion.  The main points are that BM wants to remove the parenting consultant they use and to have the parenting consultants decision that the kids must stay in the same school district vacated.  DH disagrees on both points. 

DH has retained attorney, as far as we know BM is pro se.  She filed the motion at the local self help center.  As required DH's attorney filed our counter motion with an affidavit from DH. 

Is there testimony from each party at the hearing?  Is a decision made at the hearing or are we notified later?  I'd appreciate anything anyone can offer.


bloom6372

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Re: What to expect at hearing?
« Reply #1 on: Jul 14, 2011, 07:50:40 AM »
When DH has gone, he's always gotten the verbal orders the day of Court and then later gets the paper copy in the mail.

ocean

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Re: What to expect at hearing?
« Reply #2 on: Jul 14, 2011, 12:29:39 PM »
Depends, if it is on the calendar for "hearing" then most likely nothing will be settled that day. The lawyers try to make deals with the other side. Temp orders may be put in place. Lawyer will talk to judge for a few minutes and see what he can fit in. If it looks like you wont agree then they will set another day for trial. Always be ready and bring all documentation with you. You can be asked questions at a hearing or trial. Here, hearings are usually postponed...family court likes to drag things out so see if you can compromise by putting in some things she wants but then put wording into order that will protect you too.

You know what happened that day for the most part. The only time we waited for a decision was child support so the judge could run the numbers.

Apple

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Re: What to expect at hearing?
« Reply #3 on: Jul 14, 2011, 06:22:08 PM »
In this case, BM won't have an attorney and I know she won't back down.  She filed the motion and is not smart enough to compromise. 

The main issue is BM wants to vacate the decision by the Parenting Consultant that the kids have to stay in their current school district.  She is moving them 60 miles away 10 days before the trial.  She is stating they can't go to their current schools because they'll live too far away (of course she's moving after the PC has made the decision, so she's creating the problem).  She's not moving for a better job or any other possible reason that may benefit the girls.

So it's BM's battle to fight, she has to prove the PC's decision should be thrown out.  From what the PC and our attorney have told us this PC has never had a decision reversed by a judge (she's VERY good).  We're asking that if BM decides to remain 60 miles from the schools that the girls are put in DH custody since we live much much closer to schools (and already take them to school every Friday). 

School starts less than a month after the hearing.  A decision would have to be made quickly.   

ocean

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Re: What to expect at hearing?
« Reply #4 on: Jul 14, 2011, 06:29:46 PM »
Is your county online? Look up your date/judge and see how many cases are on that day... a hearing here is different than a trial. Hearings...they schedule a whole load on same day...not too much done. Trial- Usually you are given a few hours or the whole day.
Ask your lawyer what he thinks and can he have something on an emergency basis ready to file with judge if you are not getting the time to do a full trial...(emergency restraining order/emergency temp custody for kids not to be removed from district, and that father have them for start of school and use the reasoning as this has already been decided by the courts/PC and she has broke current order and moved our of district).


Apple

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Re: What to expect at hearing?
« Reply #5 on: Jul 14, 2011, 06:32:09 PM »
The court schedule is on line, I'll check that out - good idea. 
 
Thank you!
 

 

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