SPARC Forums

Hello,

I was just wondering...My husband has had an emergency order placed on him on December 3rd of this year by his ex-wife preventing him from leaving his son alone with me (step-mother). She obtained this mainly based on her assertion that the school counselor and his son's teacher recommended that she go to court to remove his son from my husband's residence. However, we have statements from both the counselor and teacher saying that this was never their recommendation, and that neither one of them stated to the ex-wife that the son should be removed from his father's home.
Our concern is that, since we have filed this information, she will ask for a continuance of the case (which is being heard on December 17) so that she may obtain legal council.
My question is this: if she obtained this emergency order based on misleading information, is there any way that my husband can get it dismissed if (or, even if she doesn't) ex-wife asks for a continuance?

Thank you.

If you subpoena both witnesses to the hearing, or the judge grants you a telephone hearing, and you submit a sworn affidavit from each witness in advance, showing that the other parent's claims are without merit, then the court will probably dismiss on your motion. You can also ask for reasonable attorney fees and costs of suit.

:)

Well, I think the subpoena is out of the question, seein' as the hearing is tomorrow. But we have filed the affidavits, and they both stated that they would welcome a phone call from the judge if needed. Hope that's enough.
Thank you so much for the help!
God bless and Merry Christmas!
:-)