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Author Topic: Filed ex parte motion for temporary custody - motion mysteriously disappeared...  (Read 9900 times)

Heston

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The original motion (ex parte) just asked for temporary residential custody.  They finally ordered that, once they found my motion.  It appears that I need to file for a change in residential custody so I have now (today) prepared a motion for that, and an affidavit giving more reasons as to why it should be changed, plus some exhibits. Due to being given a date just two weeks ahead and having to file the motion tomorrow, there is not time to get some exhibits I'd like to get but at least there are some.  I also drafted a parenting plan by using the one on SPARC and did the same with a proposed new custody order and customizing them.  I guess it's possible that at the hearing they won't decide immediately and may give more time to produce more evidence, but in case they don't, I hope I have enough. It takes too much time to get police reports and hospital reports for it to be done in a week, and I've only had a week to do all of this.  I have allowed phone contact between my child and the BM and she is putting some pressure on him to return, but he seems quite strong at this point.  I believe more pressure will be put on him later this week and just hope he continues to be strong.


ocean

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Even if you do not have the evidence, put it in the motion.
ex. Called police on xx date, xx happened, police report number xx. Then get it for the following hearing.
Like you said, at this next hearing it will be decided if you should keep temp custody until the full hearing. Be ready on what schedule you want for temp, offer a little less than you are willing and negotiate there.
Does the judge want child at the temp hearing?


Heston

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I filed what I considered to be a good motion and affidavit of support.  Listed important information without having evidence yet, as you mentioned.  Attended hearing today.  Long story short.  The BM got a relative to communicate with my child without my knowledge.  They talked my child out of living with me.  Knowing what that family is like, they probably bribed him.  I had no intention of taking my child to the hearing as I felt it was inappropriate.  My child indicated to me that he wanted to live with me.  However, my child turned up at the hearing with a relative of the BM.  The BM smirked and the child said he wanted to live with her again.  The BM got custody reinstated despite her violent attack and violent exes.

Heston

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Correction.  My child did not tell the judge he wanted to live with the BM.  The judge didnt allow him to speak.  The judge listened to both parents and made a bad judgment.  I despair over the family court system of returning children to abusive parents.

Heston

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PS: The judge didn't read/accept the motion or affidavit I filed due to the court's misfiling of the motion.  The affidavit listed the incidents whereby my child was molested by his mother and also subjected over the years to domestic violence between the BM and her many husbands - she has been married numerous times. Had the judge read the affidavit, I do not think this miserable excuse of a judgment would have been reached.  Or at least, I like to think that it wouldn't have.  I know others are dissatisfied with the family court system.  I have reached the stage where I am ashamed of the American system and in despair over it.  The key to keeping your child is beat them badly, tell them to lie, marry or cohabit with lots of people who also beat the child and the spouse, and you will keep your child for good and never be punished or held accountable.  Parent the child well, teach the child values, i.e. not to lie, to be a good person, and be kind to the child....and you will be punished in various ways by the court and never have custody.


ocean

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The family court system as you now know is really messed up. It really depends on the exact judge you have that day and the mood he judge is in. Sad but true.

Heston

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I dealt with a court in another jurisdiction for my daughter and the judge made a horrendous judgment with little to no thought for the welfare or safety of the child and no concern for a father's rights whatsoever.  My son's case was in another jurisdiction with another judge and the outcome was diabolical as it placed the child back with a mother that battered him to the extent that he ran away.  So it seems like this lack of justice for children is the rule rather than the exception.  Perhaps all judges are biased toward the mothers no matter what they do.  But the message the "justice" system is sending out is treat your kids any way you want to.  Beat them and treat them badly and we will reward you for it.  I have spent years fighting for the rights of both my children and spent a ton of money on lawyers.  I thought if I fought hard enough for long enough, eventually, justice would be done.  I have lost all faith in the system.

 

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