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How many times can court date change?

Started by littlebit, Apr 13, 2005, 08:01:50 AM

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littlebit

Filing date for change of custody and contempt was in AL on 02/04. Court date was set for 07/04. Evaluation was ordered and court was re-scheduled for 01/05. Evaluation was not done, so court was moved to 06/05. As of yesterday, Judge has a scheduling conflict, and the date is now 05/05.

I don't have much confidence that it will happen in May, because BM is notorious for postponning as long as possible.

1) Is there any limits on how many times the court date can be changed?

2) In regards to limits, does it make a difference if the re-scheduling is due to the court processes (as stated above), or if it is due to one of the parties...such as BM having last minute emergencies.

TwoBoys

Who filed for the change of custody, and who requested the evaluation?

What are the grounds for the change of custody (what was the significant change of circumstance)?

TwoBoys...

socrateaser

>1) Is there any limits on how many times the court date can be
>changed?

The limit is a matter of local rules -- it could be at the court's discretion or there may be a fixed time limit for the resolution of all cases. I can't tell you.

>2) In regards to limits, does it make a difference if the
>re-scheduling is due to the court processes (as stated above),
>or if it is due to one of the parties...such as BM having last
>minute emergencies.

The judge is god, so if he wants to postpone then he will. If it's a party, a continuance must be supported by "good cause," i.e., a good faith reason beyond the control of the party requesting the continuance.

littlebit

I filed (father).

GAL requested the evaluation and judge ordered it to be done.

Evaluation was not completed in time for the 2nd court date due to BM not making and keeping her and son's appointments.

Change of circumstance:  BM moved 4 times in 4 years (4 different school districts), then BM secretly removed child from school and is now homeschooling.  BM arrested and found guilty of disordly conduct against me & my family (at son's church Christmas program).  Smaller issues are not co-operating with court ordered counseling or the visitation schedule; typical alienation tactics; one contempt granted; etc.