SPARC Forums

Hello Socrateaser-

All parties and order in WI.

In October I filed a motion for remedial contempt and clarification of the court order regarding my daughter.

We went to the first court date, the judge said he was going to set aside the contempt for now (I expected that would happen) but he did see the need for a new order. He then order us to mediation.

Today is our first session in mediation. Saturday I recieved in the mail a motion from my ex's attorney requesting a new court order, there was no proposed parenting plan attached to this motion as is required.

I am confused, questions...

1. Is this motion even valid since what they are requesting is what I requested and already filed on?

2. Since they did not include a parenting plan as is required, does that mean the judge can only really consider the one attached with my motion?

3. How should I respond to this motion, or should I at all?


As always, thank you for your time and expertise.

>I am confused, questions...
>
>1. Is this motion even valid since what they are requesting is
>what I requested and already filed on?

It's valid, but it's also unnecessary. You can respond to the motion by simply stating that the motion requests resolution of the same issues as you have already moved for in your previous motion, and therefore it should be dismissed/denied as a waste of time, and in the interest of judicial efficiency. You can also ask for attorney fees and filing costs, if any, for the waste of the court and your time (assuming you have an attorney). If you do this, then you want the court to deny and not dismiss this motion.

If there are ANY new issues raised in this motion, you should ask the court to dismiss/deny the compound issues, and only address the newly raised issues -- which you should address to in your response.

>
>2. Since they did not include a parenting plan as is required,
>does that mean the judge can only really consider the one
>attached with my motion?

Irrelevant, see above.

>
>3. How should I respond to this motion, or should I at all?

See above.

Will do! Thank you