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Power of attorney, and court appearances

Started by whippertizzy, Sep 19, 2004, 12:35:49 PM

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whippertizzy

I have a question about power of attorney.  My husband is the NCP of two girls, 7 and 5.  He was just getting ready to file some paperwork for visitation when he JUST found out that he has to have a major surgery that is going to keep him from being able to travel til early next year.(we knew that he was going to have to some sort of surgery, but we just found out how major today, and he would be having it tommorrow if the docs had their way)

He already has court ordered visitation, but he was going to ask for a modification because of problems with the CP and the distance that we live away.  He wants to change it from every other week from friday 6 pm to saturday noon to
one weekened a month friday 5 pm til sunday 6 pm.(we live 4 hours away) plus now that the children are school aged, 4 weeks in the summer.(plus to  make the exchange point the police station as CP's husband caused an almost violent huge scene last time we tried to pick them up)  

He does not want to go 5 months without seeing his children, and due to the surgery happening so quickly, will not have the time or money to get a lawyer before the surgery has to happen. He wants to file the paperwork, and then give his mother power of attorney so she can attend the court appearances for him while he is unable to travel. Also to be able to pick them up for him and transport them to and from my husband until he is able to travel again.

Anyone ever done anything like this? Or even know if the courts will allow it?  We have just started establishing a pattern of the CP interfering with visitation, He doesn't want it all to be for nothing.

Stepmomnow

In order for one person to represent another in court that person MUST have a licence to practise law.   Your DH cannot give his mother a power of attorney to represent him in court; th ecourt will not allow her standing to even speak to the court on his behalf.  Best bet is to get a continuence.