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Author Topic: Exceptions  (Read 2391 times)

Mom1Step2

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Exceptions
« on: Jan 30, 2012, 02:23:48 PM »
I guess I am asking for opinion more than anything:
DH & BM had hearing about if the children could testify around a month ago. It was ruled by the General Magistrate that the children would not testify.
Once the 10 days were over, a final hearing was scheduled. BM had no evidence to present to show cause for children to move in with her. She didnt even have nonsense evidence, none. General Magistrate rulled, no change in custody.
Now (just before 10 days) BM has filed a Exception to the final rulling. Her exception is: I think the kids should be allowed to testify without parents present.
My feeling is that first: She is filing an exception to the second rulling about the first rulling. Is this even allowed?
Second: Again, no cause was shown, are you kidding?
Any thoughts?
 
Background: Florida. Kids live with DH during school, BM has summer, spring break, Christmas, & eo holiday. This has been in place for 6 years.


ocean

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Re: Exceptions
« Reply #1 on: Jan 30, 2012, 02:32:23 PM »
The judge should throw it out...but weird things happen in family court. Is there a hearing date scheduled for this or just a notice? Call every few days the judge's clerk and see if the judge made a ruling on it.
Is the mother in Fla too? Sounds like long distance with her getting the breaks. What is her reasoning to you and kids and how old are children?

Mom1Step2

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Re: Exceptions
« Reply #2 on: Jan 30, 2012, 02:52:00 PM »
No, there is no date yet, I just check the case every day or so to see if anything has happened. We were currently waiting for the judge to sign off on the GM's ruling.
BM is in FL as well. It may seem like long distance because I left out eow.
Kids (11 & 15) want to move back with her. Promises have been made by her. Situation can get ugly over there & we feel it is better for kids to be with us during school so they can be stable. BM has had multiple arrests & so has her live in BF. YSD has had her very own first run in with the law while over there for the weekend.

ocean

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Re: Exceptions
« Reply #3 on: Jan 30, 2012, 03:09:20 PM »
See what the judge does but it should be thrown out. Are the girls in counseling? Especially the younger one that got in trouble. Maybe a few sessions on family counseling.

Have a straight up talk with the 15 year old. Tell her a judge made a decision a long time ago, for them to live with you due to issues that their mother has/had. That her mother still has those issues and now YD was arrested while in her care. That you want what is best for them and to finish high school. If mom gets her act together you could offer some extra days/nights BUT since the incident with YD that will not be happening soon. Ask her to think if she was the mother, what would she do for her children....Mom can promise the world but changing school districts/friends/and not graduating come with great consequences.

Hope judge rules soon so you can have some peace....you can call the clerk though, sometimes they have things on their desk or will tell you more if you call. It may not all be in the computer system yet but they can tell you sooner.

 

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